9911796707
TMI Blog2013 (6) TMI 389X X X X Extracts X X X X X X X X Extracts X X X X ..... India Limited v. UOI [2007 (12) TMI 209 - BOMBAY HIGH COURT] followed. X X X X Extracts X X X X X X X X Extracts X X X X ..... de under drawback scheme up to 31-8-2008. However, with effect from 1-9-2008, the drawback rate on Texturised Polyester Filament Yarn was reduced to 2% of FOB value and hence with effect from 1-9-2008, the exports were made under DEPB scheme. The appellant obtained Central Excise Registration on 9-10-2009. They on 26-10-2009, filed a refund claim of Rs. 96,34,487/- in respect of Cenvat Credit of inputs viz. POY, Antistatic Oil & Packing materials used in the manufacture of Texturised Polyester Filament Yarn exported during the period 1-11-2008 to 7-10-2009. The refund claim of Cenvat Credit on the inputs used in the manufacture of export goods was filed as per provisions of Notification No. 5/2006 Central Excise (N.T.) dated 4-3-2006 and Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant was eligible for the cenvat credit when they have not taken registration and the cenvat credit taken by them for the period 1-11-2008 to October 2009 can be allowed. For this purpose, the appellant had relied upon the decision of the Tribunal in the case of J.R. Herbal Care India Limited v. CCE, Noida - 2010 (253) E.L.T. 321 (Tri.- Del.). In this case the appellant had received the capital goods while availing SSI exemption without taking registration. Cenvat credit was taken on the capital goods for the years 2003-04 and 2004-05 but taken in the year 2005-06. This was allowed by the Tribunal. The Tribunal took a view that there is no provision in the rules that credit was not available to unregistered manufacturers. Manufactur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in the case of Repro India Limited v. UOI [2009 (235) E.L.T. 614 (Bom.)]. Therefore, the conclusion in the impugned order that appellant is not eligible for exemption since the goods have not been exported under bond or LUT, cannot be sustained. It can be seen from the above reproduced judgment that the above ratio covers the issue in favour of the assessee. 5. At this juncture, I find that the question of interest will arise wherein the lower authorities have not sanctioned the refund in time. On this point, learned Chartered Accountant submits that on instruction, they are ready to waive the claim of interest on the delayed refunds. On such concession given, I hold that refund applications/ refund claims filed by the appellants ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
