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TMI Blog2016 (12) TMI 712X X X X Extracts X X X X X X X X Extracts X X X X ..... ured and the Cenvat credit taken on the inputs could not be utilised. The appellants filed refund claims for refund of accumulated Cenvat credit to the tune of 30,94,591/- - whether Cenvat credit of duty paid on inputs used in the manufacture of exempted final product is admissible when goods are cleared for export under bond? Held that: - In the case of Union of India Vs Sharp Menthol India Ltd [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exported, it is immaterial whether the accumulated credit has been show as receivable/advances and the appellant is eligible for refund of accumulated credit in terms of Rule 5 of Cenvat Credit Rules, 2004 - I hold that appellant is eligible for refund - appeal allowed - decided in favor of appellant-assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... to the tune of ₹ 30,94,591/- A show cause notice was issued to the appellant proposing to reject the refund claim on the ground that the finished goods/ Tray Cart Systems manufactured by appellant attract 'nil' rate of duty and therefore, as per Rule 6 Cenvat Credit Rules, 2004, credit cannot be allowed on such quantity of inputs, which are used in the manufacture of exempted goods. The sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent Ld AR, Shri Arun Kumar reiterated the findings in the impugned order. 4. I have heard both sides. 5. The issue is whether Cenvat credit of duty paid on inputs used in the manufacture of exempted final product is admissible when goods are cleared for export under bond, has been analysed in the decisions relied by the consultant for appellant and the issue stands decided in favour of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refund is not sustainable. The goods having been exported, it is immaterial whether the accumulated credit has been show as receivable/advances and the appellant is eligible for refund of accumulated credit in terms of Rule 5 of Cenvat Credit Rules, 2004. 7. In view of the above discussion, I hold that appellant is eligible for refund. The impugned order rejecting the refund is set aside. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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