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TMI Blog2012 (12) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... uring of Readymade Garments falling under Chapter 62 of the Central Excise Act, 1985 and export of the same. During the period in dispute, the appellants made export of Readymade Garments and filed a refund claim under the provisions of Rule 5 of Cenvat Credit Rules, 2002 read with Notification No. 54/2001-CE (NT) dated 29.6.2001 claiming refund of accumulated deemed credit on excisable goods i.e Readymade Garments exported under Bond. 3. The Notification No.54/2001 dated 29.6.2001 allows the deemed credit @ 20% of duty of excise leviable under Central Excise Act on the final products, which were cleared thereunder. The notification further provides that the credit shall be allowed to the manufacturer of the final products without producti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or required to be declared on the retail packages under the provisions of Standards of Weights and Measures Act, 1976 or the rules made there under or under any other law for the time being in force. The contention is that the readymade garments were exported and there is no requirement of fixing the RSP. The appellant also relied on the decision of the Tribunal in the case of Zodiac Clothing Co. Ltd. Vs. Commissioner of Central Excise, Bangalore reported in 2009 (235) ELT 723 (Tri-Bang), wherein the Tribunal held that in case of bulk clearance of readymade garments, the provisions of Notification No.20/2001-CE is not applicable as there is no requirement of fixing the MRP on the goods cleared in bulk. Therefore, the rejection of refund is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e price that is declared or required to be declared on the retail packages under the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) or the rules made thereunder or under any other law for the time being in force. Explanation - For the purpose of this notification, "retail sale price" means the maximum price at which the excisable goods in packaged form may be sold to the ultimate consumer and includes all taxes, local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards advertisement, delivery, packing, forwarding and the like, as the case may be, and the price is the sole consideration for such sale. 2. This notification shall co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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