https://www.taxtmi.com/caselaws?id=345563 The Tribunal allowed the appeal by M/s Milan Laboratories India Pvt Ltd, holding that rule 5 of CENVAT Credit Rules, 2004 does not prevent refund claims based on exporters benefiting from schemes under the Foreign Trade Policy. The decision emphasized that eligibility for credit should depend on whether the exporter bore the tax liability on goods used in manufacturing export products. It was clarified that circulars under the Customs Act cannot be applied to other tax statutes without specific authority. The impugned order denying the refund claim was set aside as not compliant with the law. en-us Tue, 09 May 2017 00:00:00 +0530 Fri, 21 Jul 2017 08:44:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=345563 The Tribunal allowed the appeal by M/s Milan Laboratories India Pvt Ltd, holding that rule 5 of CENVAT Credit Rules, 2004 does not prevent refund claims based on exporters benefiting from schemes under the Foreign Trade Policy. The decision emphasized that eligibility for credit should depend on whether the exporter bore the tax liability on goods used in manufacturing export products. It was clarified that circulars under the Customs Act cannot be applied to other tax statutes without specific authority. The impugned order denying the refund claim was set aside as not compliant with the law. Case-Laws Central Excise Tue, 09 May 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=345563