https://www.taxtmi.com/caselaws?id=336935 Unutilised Cenvat credit attributable to exports cannot be denied refund under Rule 5 of the Central Excise Rules, 2004 merely because the assessee had domestic clearances or had not first exhausted the credit against such clearances. The Tribunal noted that Circular No. 120/01/2010-ST supports refund where export-related credit remains unutilised, and accepted that Rule 5 does not require a strict one-to-one correlation between input credit and exported goods. On that basis, the refund claim was held allowable and the contrary rejection was found unsustainable. en-us Tue, 24 May 2016 00:00:00 +0530 Sun, 01 Jan 2017 13:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=336935 Unutilised Cenvat credit attributable to exports cannot be denied refund under Rule 5 of the Central Excise Rules, 2004 merely because the assessee had domestic clearances or had not first exhausted the credit against such clearances. The Tribunal noted that Circular No. 120/01/2010-ST supports refund where export-related credit remains unutilised, and accepted that Rule 5 does not require a strict one-to-one correlation between input credit and exported goods. On that basis, the refund claim was held allowable and the contrary rejection was found unsustainable. Case-Laws Central Excise Tue, 24 May 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=336935