9911796707
TMI Blog2011 (11) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Co. Ltd., Patalganga, filed refund claims of Rs. 3,03,64,498/-, 1,68,38,399/- and Rs. 1,01,97,308/- under Rule 5 of Cenvat Credit Rules, 2004 towards unutilized Cenvat credit availed on inputs used in the manufacture of final products which were exported, during the period April 2008 to June 2008. The claim was filed on the ground that they were not able to utilise such credit of duty paid on inputs used in the manufacture of goods exported during the said quarter under bond/LUT. The claim was examined by the jurisdictional Assistant Commissioner, who vide order dated 30-3-2009 sanctioned the refund claim. The Revenue preferred an appeal before the Commissioner (Appeals) on the following grounds :- "(i) Accumulation of Cenvat credit is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us rebate of duty on inputs. The Notification No. 5/2006-C.E. (N.T.), dated 14-3-2006 provides for refund of the duty paid on inputs and not for the erroneous rebate of duty paid on inputs. Therefore, the Assistant Commissioner erred in sanctioning the refund claims of the respondents vide the impugned orders." 3. The ld. Commissioner (Appeals) allowed the appeal filed by the Revenue and, hence, the appellants are before us. 4. The ld. Counsel for the appellant submits that earlier the appellant had exported the goods under cover of ARE-2 without payment of duty and later on claimed and received rebate of duty element involved on the inputs consumed for manufacturing such exported goods. Subsequently, they discontinued exports under ARE- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs given by the lower Appellate Authority. 6. We have carefully considered the rival submission. 7. In the instant case, initially the appellant had exported the goods under claim for rebate and later on they paid back the rebate taken along with interest. They also availed Cenvat credit for an equivalent amount in their Cenvat account. Thereafter, they applied for refund of accumulated Cenvat credit under Rule 5 of the Cenvat Credit Rules, 2004. The jurisdictional Assistant Commissioner after observing that they are unable to utilise the Cenvat credit during the relevant quarter in which the accumulation took place allowed them refund of the accumulated Cenvat credit in terms of Rule 5 of the Cenvat Credit Rules. Thus, we find that ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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