TMI Blog2017 (10) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... y is paid in cash, the same will be refunded to the manufacturer - In the instant case, the appellants have exhausted their Cenvat Credit on export under rebate in violation of N/N. 19/2004-CE (NT) as amended by N/N.37/2007. Consequently, since the appellants utilized most of their credit available in rebate, they ended up paying part of the duty in cash, for which they have filed the refund claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e entire Cenvat Credit available to him in the previous month pays the balance duty in cash, the duty paid in cash will be refunded. Vide Notification No.37/2007-CE dated 17/09/2007 it has been prescribed that units availing benefit of Notification No.39/2001-CE cannot export goods under claim of rebate. It was alleged that the appellant utilized Cenvat Credit amounting to ₹ 69,85,286/- for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as under: 1. By debit in PLA 18,07,436 2. By debit in Cenvat Account 76,88,050 Total 94,95,486 Total Cenvat Credit utilized for payment of duty is 76,88,050 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submissions. I find that Notification No.39/2001-CE prescribes that refund of the duty paid in cash after exhausting the entire Cenvat Credit would be admissible as refund. Notification No.37/2007-CE by amending Notification No.19/2004-CE (NT) specifically prescribes goods manufactured by a manufacturer availing Notification No.39/2001-CE from exporting goods under bond. Thus, the law clearly lays ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tification cannot be allowed. In arguments, Ld. Counsel has stated that even though if they have not used the Cenvat Credit for rebate still they would have paid some duty in cash. I find that the arguments are mistaken. The appellant had ₹ 76,88,050/- as Cenvat Credit available with them and the total duty liability was a mere of ₹ 25,10,200/- in respect of domestic clearances. Thus, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
