2015 (5) TMI 446

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nst 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 appellants have filed the r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt of Rs. 77,453/-. They have already excluded the credit amount on the finished goods lying in stock and also credit on raw materials and claimed only for the input credit pertaining to the export. She further submits that they are eligible for the entire credit which relates to exports of finished goods. She relies upon the decisions in the case of CCE, Bangalore Vs. Motherson Sumi Electric Wire....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....utable 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 Rs. 40,26,692/- whereas, the adjudicating authority sanctioned an amount of Rs. 39,49,239/-. The appeal is limited to Rs. 77,453/-. The relevant portion of Para 4 of show cause notice and para 4 of Order-in-Original is re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sp; (b) Debits expunged for refund of Rs. 24,24,071 Rs.1,29,56,911/- 5) Closing balance of Cenvat credit as on 31.12.2003 Rs.1,38,66,605/- 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.) Rs. 96,91,670/-   (b) Credit involved on inputs contained in Finished goods. Nil   (c) Credit involved on inputs con....