2016 (6) TMI 759

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..... There is no doubt that Revenue has conceived that the goods cleared by the appellant were intermediate goods and were cleared to EOU. The said EOU after processing that had exported. The finished goods arose out of that. Therefore, the appellant satisfied the condition of Rule 5(1) of CENVAT Credit Rules, 2004 effectuating export of the goods in question through the EOU. However the relief of ref .....

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..... question of learned counsel is that when the intermediate goods were cleared by the appellant to the EOU and such goods having undergone processing by EOU resulting in output that was exported by that EOU Whether shall disentitle the appellant to refund of Unutilised Credit under Rule 5 of the CENVAT Credit Rules, 2004. He says that the answer should be in favour of the assessee for the reason tha .....

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..... all in respect of the calculation of quantum of refund applying the respective formula. 4. In the result, matter is remanded to the adjudicating authority to calculate the appropriate amount of refund admissible as per the formula prescribed by Rule 5 of CENVAT Credit Rules, 2004 and grant the same to the appellant as expeditiously as possible. 5. With the aforesaid direction, both the appe .....

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