Refund of accumulated Cenvat credit for exports is not governed by Section 11B limitation, as noted in tribunal precedent.

Refund of accumulated Cenvat credit for exports, claimed under Notification No. 5/2006-C.E. (N.T.) issued under Rule 5 of the Cenvat Credit Rules, 2004, was treated as governed by that refund mechanism rather than by the general limitation in Section 11B of the Central Excise Act, 1944. The tribunal precedent noted in the text states that Section 11B does not apply to refund of accumulated Cenvat credit attributable to export of finished goods, and the challenged order was found consistent with that view. On that basis, the request to stay the refund order was rejected.

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Issues: Whether the Revenue was entitled to stay the operation of the order granting refund of accumulated Cenvat credit and whether the limitation under Section 11B of the Central Excise Act, 1944 applied to such refund.

Analysis: The refund was granted under the procedure prescribed in Notification No. 5/2006-C.E. (N.T.) dated 14-03-2006 issued under Rule 5 of the Cenvat Credit Rules, 2004. The order under challenge was found to be in line with Tribunal precedent holding that the limitation under Section 11B of the Central Excise Act, 1944 does not govern refund of accumulated Cenvat credit attributable to export of finished goods.

Outcome: The request to stay the impugned order was rejected.

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