2007 (1) TMI 8

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....refund claims filed by the appellants in terms of provision of Rule 5 of the Cenvat Credit Rules, 2002, which have been rejected by the authorities below. 3.The appellants had taken cenvat credit of the duty paid on the inputs i.e. Grey fabrics used in the manufacture of processed fabrics. The processed fabrics have been exported under Bond. There was accumulation of cenvat credit for the month....

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....utilized. 5.The learned Consultant for the appellants sharply replied that utilization is to he proved as per the condition 5 of the Notification and that the appellants have specified every month the refund claim pertains to utilized amount lying the end of the month, which is beyond their capacity and cannot be kept for the future. In this context, he also relied upon the decision of the Trib....

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....uch non adjustment. The use of the expression that "where for any reason" such adjustment is not possible, the manufacturer shall be allowed refund of such amount is an unlimited expression and cannot be narrowed or curtailed down by the departmental authorities." 6.Thus, having convinced about the submission made by the learned Counsel for the appellants that the credit lying was on account of....