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TMI Blog2017 (9) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... AKIL KURESHI) 1. This appeal is filed by the assessee challenging the judgment of the CESTAT dated 28.01.2016. Following questions are presented for our consideration: "(i) Whether in the facts and circumstances of the case, CESTAT was justified in upholding the order of Commissioner (Appeals) and in turn Adjudicating Authority, rejecting the application of the Appellant filed under Rule 5 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant had opted out of Cenvat regime and therefore, the accumulated Cenvat Credit on inputs could not be adjusted against payment of excise duty on final product?" 2. The assessee is a manufacturer and is engaged in manufacturing of polyester texturised yarn. The assessee had surrendered the central excise registration, at which time, it had balance unutilized CENVAT credit of Rs. 62.05 lakhs an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is cleared for export under bond or letter of undertaking, as the case may be, or used in the intermediate product cleared for export, or used in providing output service which is exported, the CENVAT credit in respect of the input or input service so used shall be allowed to be utilized by the manufacturer or provider of output service towards payment of, (i) duty of excise on any final produc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dditional duty leviable under subsection (5) of section 3 of the Customs Tariff Act shall be utilised for payment of service tax on any output service. Explanation: For the purposes of this rule, the words 'output service which is exported' means the output service exported in accordance with the Export of Services Rules, 2005." 3. In plain terms therefore the refund under rule 5 woul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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