2017 (9) TMI 859

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..... ported final products - Held that: - the appellants have to simply demonstrate that on exporting the finished goods credit has accumulated on account of receipt of duty paid inputs by the manufacturer, which they are unable to utilize for any other purpose, and therefore cass refund is the only way out. Thus, the ground of maintenance of separate record taken for denying the refund claim is not tenable. Appeal dismissed - decided against Revenue.
Mr. Ashok Jindal, Member (Judicial) and Mr.Devender Singh, Member (Technical) Present for the Appellant: Shri Atul Handa, AR Present for the Respondent: Shri Surjeet Bhadu, Advocate ORDER The Revenue has filed this appeal against the impugned order dated 15.1.2007 of the Commissioner (Appeal .....

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..... ng thta the acrylic/polyester fibre had exclusively been used in the manufacture of yarn exported so that the Cenvat credit linked to the relevant quarter. No other evidence has been submitted either. In the absence of any reasonable cause for non utilization of Cenvat credit for clearance of home consumption or export, the refund of the said Cenvat credit is not justified. The respondent have not shown that the inputs in respect of which the refund is sought had actually been used in relation to the goods exported. He also stated that the two case law relied upon by the respondents are being contested by the Revenue. 4. On the other hand, learned Advocate appearing for the respondent reiterated the findings in the impugned order of the C .....

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..... claims and its applicability, since no bar is provided in the notification, there should not be any objection in allowing refund of credit of the past period in subsequent quarters. It is possible that during certain quarters, there may not be any exports and therefore the exporter does not file any claim. However, he receives inputs/input services during this period. To illustrate, an exporter may avail of ₹ 1 crore as input credit in the April-June quarter. However, no exports may be made in this quarter, so no refund is claimed. The input credit is thus carried over to the July-September quarter, when exports of ₹ 50 lakh and domestic clearances of ₹ 25 lakh are made. The exporter should be permitted a refund of ₹ .....

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