TMI Blog2016 (12) TMI 712X X X X Extracts X X X X X X X X Extracts X X X X ..... d of accumulated Cenvat credit to the tune of ₹ 30,94,591/- - whether Cenvat credit of duty paid on inputs used in the manufacture of exempted final product is admissible when goods are cleared for export under bond? Held that: - In the case of Union of India Vs Sharp Menthol India Ltd [2015 (1) TMI 623 - SUPREME COURT] the Apex Court had occasion to consider the similar issue, which has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant is eligible for refund of accumulated credit in terms of Rule 5 of Cenvat Credit Rules, 2004 - I hold that appellant is eligible for refund - appeal allowed - decided in favor of appellant-assessee. - E/2628/2012 - A/31061/2016 - Dated:- 14-10-2016 - Ms. Sulekha Beevi, C.S., Member (Judicial) Shri T.Jagapathi Rao, Advocate for the Appellant. Shri Arun Kumar, AR for the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 91/- A show cause notice was issued to the appellant proposing to reject the refund claim on the ground that the finished goods/ Tray Cart Systems manufactured by appellant attract nil rate of duty and therefore, as per Rule 6 Cenvat Credit Rules, 2004, credit cannot be allowed on such quantity of inputs, which are used in the manufacture of exempted goods. The second reason for rejection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Ld AR, Shri Arun Kumar reiterated the findings in the impugned order. 4. I have heard both sides. 5. The issue is whether Cenvat credit of duty paid on inputs used in the manufacture of exempted final product is admissible when goods are cleared for export under bond, has been analysed in the decisions relied by the consultant for appellant and the issue stands decided in favour of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of refund is not sustainable. The goods having been exported, it is immaterial whether the accumulated credit has been show as receivable/advances and the appellant is eligible for refund of accumulated credit in terms of Rule 5 of Cenvat Credit Rules, 2004. 7. In view of the above discussion, I hold that appellant is eligible for refund. The impugned order rejecting the refund is set as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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