2011 (6) TMI 660

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....V.K. Singh, SDR For Respondent Per : Ashok Jindal The appellants are in appeal against the impugned order wherein refund claim of deemed credit accumulated as on 31st March, 2003 remained unutilized was denied by the lower authorities.  2. The facts of the case that the appellants are the manufacturer/processor of man-made fabrics. The appellants cleared their final product for home ....

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....e and as such they are unable to utilize the credit of deemed duty in respect of inputs cleared for export under bond.  He further observed that the credit of deemed duty in respect of inputs cleared for export under bond cannot be refunded to the assessee as the condition and limitation specified in the Notification No. 11/2002 CE (NT) dated 01.03.2002 have not been verified by them.  H....

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....refund claim of unutilized credit lying in their CENVAT Credit account on 31.03.2003 as the said credit was unutilized by the appellants during the particular quarter.  He further submitted that the Notification 6/2002 was rescinded with effect from 1st April, 2003, therefore, they were not entitled to utilize the credit which has been accumulated under the said Notification. Therefore, the i....

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....eir account after 31.3.2003, therefore  the appellants refund claim has been rightly rejectedd by the lower authorities. 5. Heard and considered. 6. After considering the submissions made by rival sides and perused the impugned order, we find that the refund claim has been rejected firstly on the ground that the appellant has failed to produce the evidences and secondly on the ground th....