9911796707
TMI Blog2023 (7) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... egistration certificate -The adjudicating authority in the impugned matter observed that the refund of the appellant does not fall under any of the rules and that there are no express or implicit provisions in the Central Excise Act and Cenvat Credit Rules for grant of refund of Cenvat credit balance lying unutilized at the time of closure of the unit. In case of export of goods under bond and LUT without payment of duty, manufacturer is entitled to claim refund of cenvat credit accumulated unutilized on export of finished goods. However the said facts require verification, therefore without giving any finding on merit on the disputed refund claim we remand the matter back to the original authority for deciding the impugned matter afres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant are not in position to utilize the accumulated cenvat credit balance, and hence they had made an application for refund of the accumulated cenvat credit lying as on 11.04.2012. 3.1. He further submits that the goods cleared for domestic buyers were on payment of duty, and some quantity of raw materials were also cleared as such on reversal of the proportionate cenvat credit. The export under claims of rebate was also made on payment of duty. Therefore, whatever accumulation that has occurred, is only for the reason of export under bond/LUT, and secondly because of the difference in rate of excise duty on the raw materials as compared to the excise duty on the final products. 3.2. He also submits that the Rule 5 provide for re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als Ltd. Vs. CCE 2018(15) GSTL 257 (Raj) 4. On other hand the Learned Departmental Representative Shri, Tara Prakash, Deputy Commissioner(AR) reiterated the findings of impugned orders. 5. We have considered the rival submissions and perused the records. 5.1 We find that in the present matter the appellant has taken specific stand that due to difference in rate of duty on inputs and finished goods and export of goods under Bond and LUT, the cenvat credit get accumulated and it was not possible for them to adjust the said CENVAT credit due to closure of the their manufacturing activity and subsequently surrendering their central excise registration certificate. We note the adjudicating authority in the impugned matter observed th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
