2009 (7) TMI 960 - AT - Central Excise

Refund - Cenvat/Modvat - Held that - the appellants have adequately explained that on account of export under bond they were not able to utilize the credit and hence they have claimed refund of the accumulated credit amount periodically - It is also the policy of the Government to encourage exporters and to ensure that the domestic taxes are not exported along with goods. Hence, I am of the view that the appellants are eligible to get refund of the accumulated credit - appeal allowed - decided in favor of appellant.

Summary

Issues: Refund of accumulated credit for exports under bond without payment of duty.

Analysis:
1. The issue in this case revolves around the denial of a refund of accumulated credit to the appellants by the authorities, as they exported goods under bond without payment of duty. The appellants claimed that they were unable to utilize the credit due to the nature of their exports. The authorities contended that the appellants should have utilized the credit and failed to provide a satisfactory explanation for not doing so.

2. The Tribunal considered the arguments from both sides. The appellant's counsel highlighted that the appellants exported goods under bond, leading to an accumulation of credit that they could not utilize. The Tribunal noted that the appellants had adequately explained their inability to use the credit and had periodically claimed a refund of the accumulated credit amount.

3. In support of the appellant's case, reference was made to previous judgments where the Tribunal had allowed refunds in similar situations. The Tribunal also acknowledged the government's policy to encourage exporters and prevent the export of domestic taxes with goods. Consequently, the Tribunal held that the appellants were entitled to a refund of the accumulated credit. The impugned order denying the refund was set aside, and the appeal was allowed in favor of the appellants with consequential relief.

4. The judgment emphasizes the importance of supporting exporters and ensuring that domestic taxes are not exported along with goods. By recognizing the unique circumstances of export under bond, the Tribunal upheld the appellants' right to claim a refund of the accumulated credit, setting a precedent in line with previous decisions and government policy to promote exports and prevent the export of domestic taxes.