TMI Blog2012 (12) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... ule 6(1) of the CENVAT Credit Rules shall apply, the question of their executing a bond envisaged under Rule 5 of CENVAT Credit Rules does not arise - Decided against the assessee. - ST/601/2010 - 233/2012 - Dated:- 30-3-2012 - Shri M. Veeraiyan, J. REPRESENTED BY : Shri A.C. Gangaiah, CA, for the Appellant. Mrs. Sabrina Cano, Superintendent (AR), for the Respondent. [Order]. This is an appeal against the order of the Commissioner (Appeals) No. 31/2009 (G) (ST), dated 23-12-2009. 2. Head both sides extensively. The appellant is engaged in the processing of frozen shrimp and frozen fish. The appellants are exporting the said products. They have utilized certain services such as (1) Testing services (2) Transport (3) se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , should be treated as exempted goods as per definition given for the term exempted goods under CENVAT Credit Rules. 4.2 Referring to Rule 6 of CENVAT Credit Rules, learned CA submits that when goods are exported under bond, the credit available need not be denied. In the present case, since no Central Excise duty was payable, the question of executing any bond and the acceptance of the bond by the excise authorities does not arise. Therefore, merely on the ground that no bond was executed as stipulated in Rule 5, to deny the substantial benefit under Rule 5 is not justified. He submits that the CENVAT credit allowed to export goods being part of a beneficial legislation, the same should be liberally interpreted. In this regard, he re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... records. Undisputedly, frozen shrimp and frozen fish are mentioned in the Central Excise Tariff as subjected to nil rate of duty. Therefore, these items qualify to be called as excisable goods . For the purpose of CENVAT Credit Rules, the definition of exempted goods in terms of Rule 2(d) which reads as follows : exempted goods means excisable goods which are exempt from the whole of the duty of excise leviable thereon, and includes goods which are chargeable to Nil rate of duty. From the above, it is clear that the frozen shrimps and frozen fish which are subjected to nil rate of duty has to be considered as exempted goods . 6.2 Under Rule 3 of the CENVAT Credit Rules, a manufacturer or purchaser of final products shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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