Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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The legal judgment by CESTAT Allahabad addressed the issue of refund of accumulated Cenvat Credit for goods exported without payment of duty and not under bond. The tribunal held that refund is permissible even for goods exempt from duty, and export under bond is a procedural requirement. Citing precedent cases, it emphasized that input credit is allowable for exports of exempted goods under bond. The appellant was deemed eligible for Cenvat Credit refund under Rule 5 of CCR, 2004, despite the procedural lapse of not submitting a bond. The impugned order was set aside, and the appeal was allowed.
The legal judgment by CESTAT Allahabad addressed the issue of refund of accumulated Cenvat Credit for goods exported without payment of duty and not under bond. The tribunal held that refund is permissible even for goods exempt from duty, and export under bond is a procedural requirement. Citing precedent cases, it emphasized that input credit is allowable for exports of exempted goods under bond. The appellant was deemed eligible for Cenvat Credit refund under Rule 5 of CCR, 2004, despite the procedural lapse of not submitting a bond. The impugned order was set aside, and the appeal was allowed.
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