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2017 (4) TMI 1396 - AT - Central Excise100% EOU - Refund of unutilized CENVAT Credit - Rule 5 of the Cenvat Credit Rules - Held that - The identical issue has come up before the Tribunal in the case of ANZ International vs. CC Bangalore 2007 (11) TMI 218 - CESTAT BANGALORE which was assailed before the High Court and finally before the Hon ble Supreme Court where it was held that 100% Export Oriented Unit is entitled to take cenvat credit of duty on inputs procured indigenously and when they were not in a position to utilise the same they are entitled for benefit of refund under Rule 5 of Cenvat Credit Rules 2004 - appeal dismissed - decided against Revenue.
Issues:
Refund claim under Rule 5 of Cenvat Credit Rules, 2004 for unutilized Cenvat credit by a 100% Export Oriented Unit. Analysis: The case involved an appeal by the department against an order passed by the Commissioner (Appeals), Customs, Central Excise & Service Tax, Jaipur. The respondent-assessee, engaged in the manufacture and export of excisable goods, procured casting articles from another company on payment of Central Excise duty. The respondent-assessee exported its final products without payment of duty under bond, as allowed by Rule 19 of the Central Excise Rules, 2002. Due to minimal domestic clearances, the respondent could not utilize the Cenvat credit availed and filed refund claims under Rule 5 of the Cenvat Credit Rules, 2004. The Commissioner initially denied the refund claims, but the appeal filed by the respondent was allowed, leading to the department filing the present appeal. Upon hearing arguments from both sides, the Tribunal referred to a previous case involving ANZ International, where it was established that a 100% Export Oriented Unit is entitled to take Cenvat credit of duty on inputs procured domestically. If they are unable to utilize this credit, they are eligible for a refund under Rule 5 of the Cenvat Credit Rules, 2004. The Tribunal upheld the impugned order based on this precedent and dismissed the appeal filed by the department. In conclusion, the Tribunal's decision was based on the established legal principle that Export Oriented Units can claim a refund under Rule 5 of the Cenvat Credit Rules, 2004, for unutilized Cenvat credit on inputs procured domestically. The judgment provided clarity on the eligibility criteria for such refunds and set a precedent for similar cases in the future.
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