2015 (11) TMI 1553

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....Thermal Power Corporation (NTPC) for supply of the finished goods. The contract was awarded by M/s. NTPC under the international competitive bidding. Supply of goods under the said scheme is exempted from payment of Central Excise Duty in terms of Notification No.6/06-CE dated 01.03.2006. Supplies under the said scheme have also been recognized under the Foreign Trade Policy (FTP) in paragraph 8.2 (f) as deemed export. Since the goods supplied by the appellants do not suffer any Central Excise duty, there was no scope for utilization of the accumulated cenvat credit available in the books of account. Therefore, the appellants filed two Nos. of refund applications under Rue 5 of the Cenvat Credit Rules, 2004, claiming refund of the accumulat....

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....al in the case of Tricolite Electrical Indus. Ltd. (supra) is applicable to the facts of the present case for denial of the cenvat refund under Rule 5 ibid, the submissions of the ld. Advocate are that the said decision was taken by the Tribunal, relying on another decision of Tribunal in the case of Commissioner vs. Tiger Steel Engineering India Pvt. Ltd. reported in 2010 (259) E.L.T. 375 (Tri.), the operation of which has been stayed by the Hon ble Bombay High Court, as reported in 2011 (263) E.L.T. A 104 (Bom.).  Thus, according to the ld. Advocate, since the operation of the decision of the Tribunal in the case of Tricolite Electrical (supra) has been stayed, the same cannot be acted upon for disallowing the cenvat credit refund to....