https://www.taxtmi.com/caselaws?id=190250 Accumulated Cenvat credit under Rule 5 of the Cenvat Credit Rules, 2002 cannot be denied merely because the exporter did not choose to export goods on payment of duty by utilising the credit balance. Refund is available where inputs are used in final products cleared for export under bond or letter of undertaking, and the credit cannot be adjusted against duty on home clearances or export on payment of duty. The proviso limits refund only where drawback or rebate has been availed. As the goods were exported under bond and no drawback or rebate was claimed, the contrary view was unsustainable and refund was due. en-us Fri, 25 Apr 2014 00:00:00 +0530 Thu, 09 Feb 2017 22:57:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=190250 Accumulated Cenvat credit under Rule 5 of the Cenvat Credit Rules, 2002 cannot be denied merely because the exporter did not choose to export goods on payment of duty by utilising the credit balance. Refund is available where inputs are used in final products cleared for export under bond or letter of undertaking, and the credit cannot be adjusted against duty on home clearances or export on payment of duty. The proviso limits refund only where drawback or rebate has been availed. As the goods were exported under bond and no drawback or rebate was claimed, the contrary view was unsustainable and refund was due. Case-Laws Central Excise Fri, 25 Apr 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=190250