TMI Blog2015 (5) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... has correctly sanction the refund amount of ₹ 39,49,239/-. - Decided against the assessee. - Appeal No. E/258/2005 - Final Order No. 40058/2015 - Dated:- 21-1-2015 - R. Periasami, Member (T),J. For the Appellant : Ms Sridevi, Adv. For the Respondent : Mr M Rammohan Rao, DC (AR) ORDER Per: R Periasami: The appellant filed this appeal against the impugned order dated 17.12.2004. The brief facts of the case are that the appellants are the manufacturers of excisable goods clearing on payment of duty as well as export without payment of duty and claim refund of unutilized input credit attributable to the exported goods under Rule 5 of CCR, 2002 read with Notification No. 11/2002-CX(NT) dated 01.03.2002. The appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the adjudicating authority has clearly brought out in the order that neither the appellants appeared before the adjudicating authority during the hearing nor they have replied to the show cause notice. Hence, the adjudicating authority has correctly sanctioned the amount as per the working of the total credit available and total debit made and closing balance of cenvat credit excluding the input credit on the physical stock available. Therefore, he submits that there is no mistake on the workings of the actual refund of credit attributable to the exported goods for the particular quarter. 4. Heard both sides and perused the records. The short issue involved in this appeal is the appellants claimed refund of ₹ 40,26,692/- wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6) (a) Amount of input credit involved in the Physical stock of raw materials as on 31.12.03 (27,37,760 kgs. @ 3.54 /kg.) ₹ 96,91,670/- (b) Credit involved on inputs contained in Finished goods. Nil (c) Credit involved on inputs contained in Finished goods (63756 x ₹ 3.54) Rs.2,25,696/- Sub Total 6 (a+b+c) Rs.99,17,366/- 7) Credit remaining unutilized Rs.39,49,239/- 8) Refund claimed Rs.40,26,692/- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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