2006 (9) TMI 388 - AT - Central Excise

Summary

Issues:
Claim for refund of input-duty credit reversed by the appellant.

Analysis:
The appeal was against the rejection of a claim for refund of an amount representing input-duty credit reversed by the appellant. The appellant expunged the Modvat credit on inputs used in manufacturing a generic medicament called "Halothane" towards final products that were exported. The expunction of credit was deemed correct, leading to the rejection of the refund claim. The key contention was the validity of the claim for refund based on the export of the final product.

Upon examination of records and hearing both sides, it was determined that the appellants did not have a valid case for refund on merits. The appellant's counsel alternatively claimed rebate of the credit amount, which was not raised before the lower authorities. The tribunal clarified that such a claim for rebate was beyond its jurisdiction, thereby upholding the lower authority's decision.

The credit in question was taken on inputs used in manufacturing "Halothane," with the final product "Halothane IP" being exported under bond after the credit reversal. The lower appellate authority rightly concluded that the refund claim would only be admissible if the final product had been dutiable but exported under bond. Since the final product was exempt from duty, the refund claim was not accepted. The appellants failed to challenge this decision effectively. The tribunal emphasized that the present appeal was not the appropriate remedy for claiming a rebate.

In conclusion, the tribunal sustained the impugned order, dismissing the appeal against the rejection of the refund claim. The operative part of the order was pronounced in open court on a specified date.