https://www.taxtmi.com/caselaws?id=153446 Cenvat credit on inputs used in goods exported under bond cannot be denied merely because the ARE-1 contained a declaration that no credit had been availed, where the exports were under the DEPB scheme and neither drawback nor rebate was claimed. Credit was in fact taken on the inputs, and the incorrect export declaration was not decisive in the absence of any double benefit claim. Rule 5 of the Cenvat Credit Rules, 2002 supported refund of accumulated credit in such export situations. On these facts, the credit was held admissible and the related demand, interest, and penalty were unsustainable. en-us Wed, 09 Dec 2009 00:00:00 +0530 Tue, 23 Jul 2013 16:31:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=153446 Cenvat credit on inputs used in goods exported under bond cannot be denied merely because the ARE-1 contained a declaration that no credit had been availed, where the exports were under the DEPB scheme and neither drawback nor rebate was claimed. Credit was in fact taken on the inputs, and the incorrect export declaration was not decisive in the absence of any double benefit claim. Rule 5 of the Cenvat Credit Rules, 2002 supported refund of accumulated credit in such export situations. On these facts, the credit was held admissible and the related demand, interest, and penalty were unsustainable. Case-Laws Central Excise Wed, 09 Dec 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=153446