2016 (5) TMI 1002

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....ules, 2004 to refund the un-utilized cenvatable credit. 2. Revenue submits that law is well settled that when grant of refund is permitted under law that is granted in accordance with the statutory provisions relating to sanction of refund as enacted in Section 11 B of the Central Excise Act, 1944. That cannot be given go bye as has been held in the case of CCE, Coimbatore Vs. GTN Engineering (I) Ltd.- 2012 (28) STR 426 (Mad.). 3. It was further submission of the Ld. AR that under the Notification No. 5/2006-CE (NT) dated 14/03/2006 as amended by Notification No. 13/2007 - CE (NT) dated 01/03/2007 certain conditions for grant of refund in terms of Rule 5 of Cenvat Credit Rules, 2004, have been prescribed. Those conditions are mandator....

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....t Credit Rules, 2004. But such a mis-conception was ruled out under legal advice for which the respondent conceived that it is entitled thereto, and such a credit not being utilized in the past, it claimed refund thereof. Therefore, on such ground, respondent prays for grant of refund of un-utilized cenvatable credit under Rule 5 of Cenvat Credit Rules, 2004. 7. Respondent objects to the applicability of limitation under the provision to the Rule 5 refund claim on that the ground that there is no such provision. So far as the foreign exchange realization is concerned, respondent relied on para-8 of the order of the ld. Commissioner (Appeals) to say that it had submitted entire evidence in that regard before that authority to satisfy that....

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....it will result in disentitling any person to make a claim of refund of Cenvat Credit. Admittedly, the respondent has made a claim only invoking Rule 5 of the Cenvat Credit Rules, 2004. In that view of the matter, there cannot be any difficulty for us to hold that the relevant date should be the date on which the export of the goods was made and for such goods, refund of Cenvat Credit is claimed." 11. Although the judgment of the Hon'ble High Court of Madras in the case of GTN Engineering (I) Ltd. (supra) was delivered in the context of export of goods, Cenvat Credit Rules, 2004 being a composite rule dealing with the goods as well as service, the date of export of goods shall be "relevant date" and limitation shall be counted from such d....