2012 (10) TMI 645

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....e tax paid on input services, used in or in relation to manufacture of their final products, in terms of the provision of Cenvat Credit Rules, 2004. Since they had substantial clearances for export under bond without payment of duty under Rule 19 of the Central Excise Rules, 2002 and according to them, they were not in a position to use the accumulated Cenvat credit fully for payment of duty on their clearance for home consumption, they filed claim for cash refund of accumulated Cenvat Credit Rules, 2004 under Rule 5 of the Cenvat Credit Rules, 2004 in respect of clearances for export under ARE-1s during July 2008-September 2008 period. There is no dispute that the refund claim was filed within one year from the date of shipment of the good....

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..... 2. Heard both the sides in respect of stay application. 3. Shri Mayank Garg, Advocate, the learned Counsel for the appellant, pleaded that so far as refund claim of Rs. 21,54,842/- is concerned, the same is sought to be rejected on the ground that 18 export consignments, in respect of which cash refund of accumulated Cenvat credit under Rule 5 of Cenvat Credit Rules, 2004 has been claimed, have not been exported during the quarter July 2008 to September 2008 to which the claim pertains, as this condition is to be followed in terms of provisions of Section 11B, that this ground for rejecting the refund claim is totally incorrect, as this condition is neither prescribed in Rule 5 of Cenvat Credit Rules, 2004, nor in the Noti....

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.... in the impugned order. 5. We have carefully considered the submissions from both the sides and perused the records. 6. The dispute in this case is about cash refund of accumulated Cenvat credit of Rs. 28,10,352/- filed by the appellant under Rule 5 of Cenvat Credit Rules, 2005, in respect of export clearances under ARE-1s for exports under bond, without payment of duty under Rule 19 of Central Excise Rules, 2002 during July 2008-September 2008 period. The procedure for sanctioning cash refund of accumulated Cenvat credit and the conditions for the same are prescribed in Notification No. 5/06-C.E. (N.T.), dated 14-3-06 issued under Rule 5 of Cenvat Credit Rules, 2004. On perusal of this notification, we find that there is no....