2010 (9) TMI 1047 - AT - Central Excise

Summary

Issues involved: Appeal by Department against refund order upheld by Commissioner (Appeals) regarding accumulated credit in Cenvat account for exported products.

Summary:
The Department appealed against the order of the Commissioner (Appeals) upholding a refund of &8377; 3,18,823/- granted by the Original Authority to the respondent, a manufacturer of Colour TV receiver parts, for the quarter July to September, 2006. The Department contended that the respondents could have utilized the cenvat credit and there was no justification for the refund. The appeal was filed without success.

The respondent had accumulated credit due to exports made by them, and the Original Authority found that they fulfilled the requirements for the refund under Rule 5 of Cenvat Credit Rules, 2004. The Commissioner (Appeals) upheld this finding. It was not argued by the Department that the refund claimed exceeded the credit attributable to inputs in goods exported, nor that any conditions in Rule 5 of Cenvat Credit Rules were unmet. The fact that the respondent could have used the credit for future domestic clearances was not a valid reason to withhold the refund rightfully due to them.

The Tribunal found no valid reason to interfere with the concurrent findings of the authorities in favor of the respondent, and thus rejected the Department's appeal.