https://www.taxtmi.com/caselaws?id=52408 Accumulated Cenvat credit was refundable in cash where, during the quarter for which refund was claimed, the credit could not be utilised against duty on final products; the relevant test was present utilisation capacity, not possible use in later quarters. On the facts, exports under bond and low domestic clearances left the credit unabsorbed, so the refund was admissible on merits. The separate question whether drawback or rebate had also been claimed on the exports could not be resolved on the existing record and was remanded for verification with shipping bills and AR-4s by the jurisdictional Assistant Commissioner or Deputy Commissioner. en-us Mon, 06 Oct 2003 00:00:00 +0530 Tue, 05 Oct 2010 16:42:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52408 Accumulated Cenvat credit was refundable in cash where, during the quarter for which refund was claimed, the credit could not be utilised against duty on final products; the relevant test was present utilisation capacity, not possible use in later quarters. On the facts, exports under bond and low domestic clearances left the credit unabsorbed, so the refund was admissible on merits. The separate question whether drawback or rebate had also been claimed on the exports could not be resolved on the existing record and was remanded for verification with shipping bills and AR-4s by the jurisdictional Assistant Commissioner or Deputy Commissioner. Case-Laws Central Excise Mon, 06 Oct 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52408