9911796707
TMI Blog2011 (6) TMI 660X X X X Extracts X X X X X X X X Extracts X X X X ..... , JJ. Appearance Shri Krishna Kumar, Advocate for appellant Shri V.K. Singh, SDR For Respondent Per : Ashok Jindal The appellants are in appeal against the impugned order wherein refund claim of deemed credit accumulated as on 31st March, 2003 remained unutilized was denied by the lower authorities. 2. The facts of the case that the appellants are the manufacturer/processor of man-made fabrics. The appellants cleared their final product for home consumption as well as for export. The appellant filed the refund claim of Rs.1,35,550/- in respect of unutilized deemed credit along with inputs used in the goods exported under bond as per Rule 5 of the CENVAT Credit Rules, 2001 read with Section 11B of the Central Excise Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re as per the condition of the said Notification the refund claim was filed under Rule 5 of CENVAT Credit Rules, 2001 and as per Clause 5 of the Notification, the appellants are entitled to avail the refund claim of unutilized credit lying in their CENVAT Credit account on 31.03.2003 as the said credit was unutilized by the appellants during the particular quarter. He further submitted that the Notification 6/2002 was rescinded with effect from 1st April, 2003, therefore, they were not entitled to utilize the credit which has been accumulated under the said Notification. Therefore, the impugned order is to be set aside and the appeal be allowed. 4. On the other hand Shri V.K. Singh, learned SDR submitted that although the Notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments. In that case the assessee did not file any refund claim for the unutilized credit lying on 31.3.2003. Although in those pronouncements, also it has been held that the assessee is entitled to utilize the credit lying unutilized on 31.3.2003 and has observed by us that the appellant has complied with condition 5 of the Notification 11/2002 therefore the appellants are entitled for the refund claim filed by them subject to verification of the records which have not been examined by the lower authorities. Therefore, the matter is sent back to the adjudicating authority to examine documents produced by the appellants in support of their refund claim and pass refund order accordingly. 7. With these observation the appeal is allowed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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