2015 (10) TMI 106

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....C (AR) Per R. Periasami The appellant has filed this appeal against Order-in-Appeal dated 31.1.2003. The issue relates to claim of refund of unutilized credit under Rule 5 of CENVAT Credit Rules, 2001. The appellant claimed refund of demand of Rs. 24,35,313/- for the quarter ending from January to March 2002. The adjudicating authority has ordered sanctioned refund to the extent of Rs. 14,09....

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....012 (278) ELT 177 (Kar.) (c) Super Spinning Mills Ltd. Vs. CCE, Coimbatore - 2009 (247) ELT 805 3. On the other hand the learned AR for Revenue reiterated the findings recorded by the authorities below. He further submits that this Tribunal vide Final Order No. 40058/2015 dated 21.1.2015 in an identical matter on the appellant's own case rejected the refund claim and dismissed the appeal. ....

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....nbsp; Actual credit remaining unutilized Rs.14,09,814/-   Para 9 of the Order-in-Appeal is also reproduced as under:- "9. In this case while qualifying the amount eligible for refund, the lower authority has verified the credit available as on 31.3.2000, the end of the quarter, to which the export goods relates. The verification shows that as on 31.3.2000, the balance amount of....

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....g balance of CENVAT credit as on the relevant date includes the input credit on the physical stock of raw material and finished goods lying in stock on the relevant date. After excluding the credit on inputs lying in stock and the input contained in finished goods in stock the adjudicating authority has correctly arrived the balance amount as Rs. 14,09,814/-. Rule 5 of CENVAT Credit Rules stipulat....