2004 (9) TMI 139 - AT - Central Excise

Summary

Issues involved: Grant of refund under Rule 57AC(7) of the Central Excise Rules, 1944 (now Rule 5 of the Cenvat Credit Rules, 2002) for unutilised credit of duty paid on inputs used in the final products cleared for export under Bond or LUT as per Notification No. 35/2000-C.E. (N.T.), dated 28-4-2000 and Notification No. 11/2002-C.E. (N.T.), dated 1-3-2002.

Summary:
The appeals were decided concerning the grant of refund under the specified rules for unutilised credit of duty paid on inputs used in exported final products. The appellant's refund claims were initially denied due to alleged under-valuation of finished goods, specifically Copper Cathode. The appellant explained the accumulation of credit was due to the higher procurement price of Copper anode compared to the sale price of the product. The Tribunal held that the officers cannot question the duty paid as shown on documents for availing credit, and objections regarding input/output valuation for denying the refund were not valid.

Another reason for denial was that duty on Copper anode was provisionally assessed and paid "under protect," which was not considered a valid ground for rejecting the refund claim.

The appellant contended that the refund sought was based on the credit of duty paid on inputs used in manufacturing finished goods exported under Bonds/LUT, including those cleared for home consumption on payment of Central Excise duty. The Tribunal noted that the refund could only be granted for accumulated CENVAT credit on inputs used in exported goods alone, requiring verification of the actual attribution of the credit to exported goods. The matter was remitted back to the Commissioner (A) for redetermination of facts and a subsequent order within 30 days.