2007 (8) TMI 603 - AT - Central Excise

Summary

Issues involved: Appeal against refund claim of Additional Duties of Excise (TTA) on finished goods cleared for export u/s Notification No. 31/2004-C.E.

Summary:

Issue 1: Entitlement for refund claim
The respondent, engaged in manufacturing synthetic yarn, claimed refund of Additional Duties of Excise (TTA) on finished goods cleared for export. The Revenue contended that the refund claim was not valid as AED (TTA) was exempted u/s Notification No. 31/2004-C.E. The Commissioner (Appeals) allowed the refund claim based on the decision of the Larger Bench of the Tribunal in a specific case. The Advocate for the respondent cited a Circular by CBEC clarifying the refund of any credit on Additional Duties of Excise.

Issue 2: Interpretation of CENVAT Credit Rules
The Tribunal examined the issue and referred to a Circular by CBEC dated 22-3-2007. The Circular clarified that CENVAT credit of AED (TTA) can be claimed as refund under Rule 5 of the CENVAT Credit Rules, 2004 on export of goods, even if the final product is not chargeable to AED. The unutilized accumulated credit of AED (TTA) can be claimed for export of goods as per the rules. In this case, the respondent claimed refund of input-credit on finished goods cleared for export, which was found to be in accordance with the CBEC Circular. Therefore, the Tribunal upheld the order of the Commissioner (Appeals) and rejected the appeals filed by the Revenue.

(Order dictated and pronounced in the open Court on 21-8-2007)