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Issues: Whether cash refund under Rule 5 of the Cenvat Credit Rules, 2002/2004 is admissible for Cenvat credit attributable to inputs used in the manufacture of goods cleared for home consumption or contained in waste cleared domestically, and whether such credit can be encashed when it is not linked to exported final products.
Analysis: Rule 5 permits refund only of accumulated Cenvat credit relatable to inputs used in final products exported under bond or letter of undertaking, or in intermediate products cleared for export, where such credit cannot be otherwise utilised. Credit attributable to inputs used in goods cleared for home consumption does not qualify for refund under the rule. On the facts, the balance amount of AED (T&TA) credit claimed was attributable to inputs used in domestic clearances, and the credit relating to waste cleared for home consumption was also not export-linked. The Commissioner (Appeals) therefore erred in allowing refund of those amounts.
Conclusion: The refund of credit attributable to domestic clearances and waste was not admissible. The impugned order was set aside and the order-in-original was restored.
Ratio Decidendi: Refund under Rule 5 is confined to Cenvat credit attributable to inputs used in exported goods and cannot extend to credit linked to goods cleared for home consumption or other non-export clearances.
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