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2017 (1) TMI 1074 - AT - Central ExciseCash refund of CENVAT credit availed - inputs used for manufacture of exported goods - denial on the ground that the product exported was exempted from duty and also the conditions laid down under the Notification issued under Rule 5 of the Cenvat Credit Rules,2004 was not fulfilled by producing sufficient evidences alongwith the refund claims. Held that - I find that the Ld. Commissioner (Appeals) while considering the issues recorded his observation on the first aspect only and concluded that they are not eligible to the cash refund of the CENVAT Credit as the exported was exempted from duty. However, he did not consider the eligibility of cash refund on merit on scrutiny of evidence. To ascertain the eligibility of cash refund of the credit on merit, I am of the view that the matter needs to remanded to the Ld. Commissioner (Appeals) - appeal allowed by way of remand.
Issues:
- Eligibility for cash refund of CENVAT Credit under Rule 5 of Cenvat Credit Rules, 2004. - Compliance with conditions under Rule 5 of Cenvat Credit Rules read with Notification 5/2006-CE(NT) dt 01.3.2006. - Examination of evidences supporting the claim for cash refund. - Remand of the matter for further scrutiny by the Ld. Commissioner (Appeals). Analysis: The appeals were filed against the order passed by the Commissioner of Central Excise, Customs, and Service Tax rejecting the refund claims of the appellants. The appellants, engaged in the manufacture of Bulk Drugs, claimed a cash refund of CENVAT Credit under Rule 5 of Cenvat Credit Rules, 2004, amounting to &8377; 31,32,637/- for the period April 2007 to March 2008. The main contention was that since a significant quantity of the finished product was exempted from duty and exported, the CENVAT credit on inputs used for manufacturing the exported goods could not be utilized for domestic clearance, thus making them eligible for a cash refund. The Ld. Advocate for the appellant argued that the principle regarding eligibility for cash refund when goods are exempted from duty had been established by previous court judgments and tribunal decisions. He contended that the Ld. Commissioner (Appeals) erred in not considering the eligibility of the refund claim on merit by scrutinizing the evidences produced. On the other hand, the Ld. AR for the Revenue did not object to the legal principles cited but emphasized that the appellants had failed to comply with the conditions specified under Rule 5 of the Cenvat Credit Rules along with the relevant Notification. After hearing both sides and examining the records, the Tribunal found that while the Ld. Commissioner (Appeals) had based his decision on the exemption of the exported goods from duty, he did not delve into the eligibility of the cash refund claim on its merits or the scrutiny of evidence. The Tribunal referred to previous cases to establish the principles of eligibility for cash refund when goods are duty-exempt and concluded that the order was legally flawed and unsustainable. Therefore, the matter was remanded to the Ld. Commissioner (Appeals) for a detailed examination of the evidences to determine the eligibility for cash refund on merit. The Ld. Advocate requested a fixed timeframe for the remand proceedings due to the prolonged litigation, which was accepted by the Tribunal. A timeframe of four months was set for the completion of the de novo proceedings, ensuring a reasonable opportunity for the appellant to present their case. The appeals were allowed by way of remand to the Ld. Commissioner (Appeals) under the specified terms.
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