TMI Blog2017 (11) TMI 1455X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount of claim made by them in their RG-23A Part-II account and the balance was nil - since there was no accumulated Cenvat Credit available in the books of the appellant, there is no question of refund - appeal dismissed - decided against appellant. - E/399/08 - A/90183/17/EB - Dated:- 23-10-2017 - Mr. Ramesh Nair, Member (Judicial) And Mr. Raju, Member (Technical) None, for appellant Shri. V.K. Agarwal, Addl. Comm. (AR) for respondent ORDER Per: Ramesh Nair 1. The issue involved is whether the appellant is entitled for refund of accumulated credit on the ground that the appellant was not in a position to utilize the credit on duty paid inputs in respect of final products exported under bond. The refund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts that the Tribunal had ordered for refund of un-utilised accumulated credit. However while processing the refund after the Tribunal order, the Assistant Commissioner found there was no accumulation of credit as the same was utilized by the appellant. Therefore, amount which has already been utilized is not eligible for refund under Rule 5 of Cenvat Credit Rules, 2004. 5. On careful consideration of the submissions made by both sides, we find that the appellant nowhere disputed that the amount of accumulated credit was utilized and the balance in the Cenvat account was nil. The Tribunal in the first round passed the following order: 4. Being aggrieved by the OIO No.RK/01/NGP-II/2004 dated 12/01/2004, the appellant field an appeal be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid Tribunal order when the Assistant Commissioner considered the sanction of refund claim he noticed that the appellants have already utilized the claimed amount of ₹ 1,98,82,260/- and they have not maintained the balance of accumulated credit at least the amount of claim made by them in their RG-23A Part-II account and the balance was nil. In this situation, since there was no accumulated Cenvat Credit available in the books of the appellant, there is no question of refund. The adjudicating authority as well as the Commissioner (Appeals) have not erred in holding that the refund is not eligible to the appellant for the reason that the appellants have utilized the accumulated Cenvat Credit. There is no force in the submiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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