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2020 (2) TMI 625

..... period January, 2012 to March, 2012 - HELD THAT:- The assessee had cleared goods for export under LUT as well as on payment of duty and therefore, there was opportunity on the part of the assesse to utilise accumulated credit for export of goods on payment of duty. Appellant had not denied the same but its only contention was that even after payment of all duties, it had accumulated Cenvat credit because of high rate of duty in the input and low rate duty in the output, which is required to be refunded. Going by Rule 5 of Cenvat Credit rule, it is manifestly cleared that refund is admissible where for any reason such adjustment is not possible. In the instance case, adjustment of 12% duty on inputs can never be made possible against 6% on o .....

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..... by the adjudicating authority as well as Commissioner (Appeals). The order of rejection passed by the Commissioner (Appeals) is challenged in this appeal. 3. In the memo of appeal and during the course of hearing of appeal, Learned Counsel for the appellant Mr. H.P. Kanade submitted that credit was bound to accumulate as inputs were procured @ 12% duty and output to domestic market was scanty and the rate of duty for such clearance was only 6%. He further submitted that appellant had realised its mistake that it had not debited Cenvat Credit account on the date of filing of refund claim but undertook through a letter dated 07-03-2013, in response to the show cause notice, that it would debit the account after sanction of refund and before .....

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..... d goods on payment of duty during the relevant period and utilised the Cenvat Credit for which its submission that utilisation of Centvat Credit was not possible was without substance for which interference by the Tribunal in the order passed by the Commissioner (Appeals) is uncalled for. 5. Perused the case record. It is observed that the Range Superintendent s calculation sheet is reproduced in the Order-In-Original at para 5 along with detail of export made during the period at para 7. Learned Adjudicating Authority had observed that assessee had cleared goods for export under LUT as well as on payment of duty and therefore, there was opportunity on the part of the assesse to utilise accumulated credit for export of goods on payment of d .....

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