2009 (7) TMI 981

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..... dent. [Order]. - Being aggrieved with the order passed by Commissioner (Appeals), vide which he has allowed the appeal filed by the Respondent, Revenue has filed the present appeal. 2. I find that the appeal filed by the Revenue was rejected by Tribunal vide its Order No. A/519/WZB/AHD/07, dt. 2-3-07, by following the earlier decision of the Tribunal in same assessee s case. However, sai .....

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..... dent. 4. As per facts on record, the appellants have manufactured and exported polyester textured yarn under bond. In terms of provisions of Rule 5 of Cenvat Credit Rules, 2004, the assessee is entitled to refund of duty paid on the inputs. Dispute in the present appeal relates to NCCD paid on raw material i.e. partially oriented yarn used in the manufacture of polyester textured yarn. The refun .....

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..... n can be used for payment of Excise duty. The reference to this aspect is only incidental. Interpretation made by the lower authority in this regard, therefore, is not correct. A careful reading of the relevant provision indicates that for granting refund under Rule 5, there are two stipulations i.e. eligibility to take credit under Rule 3 of Cenvat Credit Rules, 2004 and inability on the part of .....

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