TMI Blog2017 (1) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... position to utilize the credit availed on inputs used in the manufacture of goods, which were exported under bond and which are getting accumulated from time to time. He has correctly applied Rule 5 of CCR, which provides for sanction of refunding cash in respect of goods exported under bond/letter of undertaking - Appeal allowed. - APPEAL No.E/962/12 - ORDER No.A/87871/16/SMB - Dated:- 24-5-2016 - Mr. M.V. Ravindran, Member (Judicial) Shri. Prasad Paranjape, Advocate for appellant Shri. NN Prabhudesai, Supdt. (AR) for respondent Per: M.V. Ravindran 1. This appeal is directed against Order-in-Appeal No.BC/394/BEL/2011-12 dated 29/03/2012 passed by Commissioner of Central Excise (Appeals), Navi Mumbai. 2. Heard bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s possible that during certain quarters, there may not be any exports and therefore the exporter does not file any claim. However, he receives inputs/input services during this period. To illustrate, an exporter may avail of ₹ 1 crore as input credit in the April-June quarter. However, no exports may be made in this quarter, so no refund is claimed. The input credit is thus carried over to the July-September quarter, when exports of ₹ 50 lakh and domestic clearances of ₹ 25 lakh are made. The exporter should be permitted a refund of ₹ 66 lakh (as his export turnover is 66% of the total turnover in the quarter) from the Cenvat credit of ₹ 1 crore availed in April-June quarter. The illustration prescribed under p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finding of the Commissioner (Appeals), which is well reasoned. He had also come to the conclusion based on the figures that the respondent is not in a position to utilize the credit availed on inputs used in the manufacture of goods, which were exported under bond and which are getting accumulated from time to time. He has correctly applied Rule 5 of CCR, which provides for sanction of refunding cash in respect of goods exported under bond/letter of undertaking. Moreover, the issue is settled in terms of the decisions of the Tribunal cited by the learned Counsel for the respondents. The OIO and the Appeal of the Department are also beyond the scope of the Show Cause Notice. Similar view has also been taken by the Tribunal in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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