2015 (10) TMI 1818 - AT - Central Excise

Refund claim - Accumulated CENVAT Credit - Export of service - Held that - Appellant should be given an opportunity to place these documents before the lower authorities for ascertaining the fact of export of goods during March 2006. Thereafter, it should be decided in the light of the said notification. - Impugned order is set aside - Matte remanded back - Decided in favour of assessee.

Summary

Issues:
Refund claim denial based on lack of exports in March 2006, Conformity with Notification No.5/2006-CE

Issue 1: Refund claim denial based on lack of exports in March 2006
The appellant, a 100% EOU manufacturing Pharmaceutical products, filed a refund claim under Rule 5 of the CENVAT Credit Rules, 2004 with Notification No.5/2006-CE for unutilized accumulated credit used in the manufacture of exported goods from April 2004 to March 2006. The refund claim was denied by both lower authorities primarily due to the absence of exports in March 2006 and non-conformity with Para 5 of the notification.

Issue 2: Conformity with Notification No.5/2006-CE
The advocate for the appellant argued that exports did take place in March 2006, contrary to the lower authorities' findings. To support this claim, documents regarding exports during March 2006 were presented before the Bench. The judge, in a considered view, deemed it necessary to allow the appellant to submit these documents before the lower authorities to verify the actual occurrence of exports in March 2006. The judge directed the matter to be examined in light of the notification, emphasizing the importance of providing the appellant with a fair hearing before any decision.

Conclusion:
The impugned order denying the refund claim was set aside, and the matter was remanded to the adjudicating authority for a re-examination of the documents related to exports in March 2006. The adjudicating authority was instructed to decide the matter promptly, with the advocate requesting a decision within three months, which was duly noted by the judge. The appeal was allowed by way of remand, ensuring a fair opportunity for the appellant to present their case and for the authorities to make a decision in accordance with the relevant notification.