9911796707
TMI Blog2016 (1) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... the number of decisions, held that the assessee is entitled to refund claim. He relied upon the following decisions. 1) Repro India Ltd. Vs. Union of India [2007 (12) TMI 209 - BOMBAY HIGH COURT] 2) CCE Vs. Drish Shoes Ltd. [2010 (5) TMI 334 - HIMACHAL PRADESH HIGH COURT] - The issue as to whether the unutilized accumulated credit can be refunded to the assessee in case of exports made by them sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Chapter 87 of the first schedule to the Central Excise Tariff Act 1985. Prior to 01.03.2008 the said cars attracted central excise duty but w.e.f 01.03.2008 the same became exempted from payment of central excise duty. During the period from July 2009 to February 2010 the appellant exported the cars in question and consequently claimed refund of accumulated modvat credit in terms of the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... )] 5. Revenue in their memo of appeal have not referred as to why the said decisions of the Hon'ble High Courts are not applicable to the facts of the present case. They have again reiterated their stand that the final product was exempted and as such the assessee was not entitled to the refund of cenvat credit. It also stands submitted by the Revenue that the final product became exempte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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