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TMI Blog2004 (7) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... credit was prescribed for the inputs used in the manufacture of their final products; that they had filed two claims for refund of deemed Modvat credit remained in balance in their deemed credit register during the course of export under bond for the period from April, 1998 to June, 1998 and remained unutilised towards payment of Central Excise duty on their specified final products cleared for home consumption; that the Assistant Commissioner has rejected both the refund claims and on appeal, the Commissioner (Appeals) also, under the impugned order, has rejected their appeals, holding that the appellants could have utilised the amount of which refund has been sought by them towards payment of duty on goods cleared for home consumption. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Countering the arguments, Shri D.N. Choudhary, learned SDR reiterated the findings as contained in the impugned order. 4. We have considered the submissions of both the sides. Notification No. 29/96-C.E. (N.T.), dated 3-9-96 was issued in exercise of the powers conferred by sub-rule (2) of Rule 57A of the Central Excise Rules, 1944. This Notification allowed the credit of declared duty in respect of the inputs specified in the notification and the credit so allowed shall be utilised only towards payment of duty of excise leviable under the Central Excise Act on the specified final products. However, Proviso to paragraph 3 of the Notification provides that where, for any reason, that the credit of duty in respect of inputs used in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from April, 1998 to June, 1998 and the Compounded Levy Scheme was introduced only w.e.f. 16-12-1998 i.e. well after about six months. We do not find ourselves in agreement with this finding of the Commissioner (Appeals). The mere fact that the appellants have the deemed credit accumulated in their accounts, goes to show that they were not in a position to utilise the same towards payment of duty on their specified final products. It is not disputed by the Revenue that the goods have been exported by the appellants and the inputs were utilised in the manufacture of goods so exported. It is also not in dispute that the amount of Modvat credit, of which refund has been sought, was lying unutilised in their books of accounts. No evidence has al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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