TMI Blog2016 (9) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise duty - Held that:- the issue involved in this case is squarely covered by the judgment of Hon'ble Himachal Pradesh High Court in the case of CCE Vs. Drish Shoes Ltd. [2010 (5) TMI 334 - HIMACHAL PRADESH HIGH COURT]. With regard to execution of Bond/LUT under the Central Excise Rules, 2002, it is found that the Tribunal in the case of Jolly Board Ltd. Vs. CCE, Aurangabad [2014 (3) T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cise duty. During the disputed period, the appellant had filed the refund applications in terms of Rule 5 of the Cenvat Credit Rules, 2004, claiming refund of service tax paid on the input services for the period of 01.04.2005 to 30.09.2006, which were used for manufacture and export of final products. The refund applications were rejected in the adjudication order dated 31.03.2007 on the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that execution of Bond/LUT is only a procedural requirement and since the goods manufactured by the appellant were exempted from payment of duty, there was no occasion for such execution. In this context, the ld. Advocate has relied on the decision of this Tribunal in the case of Jolly Board Ltd. -Vs. - CCE, Aurangabad, reported in 2015 (321) ELT 502 (Tri. - Mumbai). The ld. Advocate further subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court in the case of Drish Shoes Ltd. (supra). The questions framed by the Revenue in appeal, were answered by the Hon'ble Court affirmatively in favour of the assessee. The relevant paragraphs in the said judgment are extracted herein below:- 20 .In view of the above discussion, we hold that an assessee, manufacturing goods chargeable to nil duty, is eligible to avail CENVAT credit pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further been held that if the goods are exempted, there is no requirement of execution of Bond/LUT. 7. In view of the settled position of law, we are of the view that there is no merit in the impugned order. Therefore, we set aside the same and allow the appeal of the appellant with consequential benefit of refund. [Dictated and pronounced in the open Court) - - TaxTMI - TMITax - Cent ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
