2017 (9) TMI 691

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....of the case is that the appellants are engaged in the manufacture of excisable goods namely P & P Medicaments  falling under Chapter 30 of the CETA, 1985. They have cleared the final product on payment of duty under claim for rebate. They have filed refund claim of Rs. 37,77,192/- in respect of the Cenvat Credit lying unutilized in their cenvat account for the period October  2008 to Dec....

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....nt submitted that the accumulation of credit has occurred due to the reason that the duty on input was 16.48% to 8.24% and the final product was attracting duty at the rate of 8.24% to 4.12%.  Therefore the accumulation of Cenvat Credit is on account  of very same inputs, which has gone into the manufacture of export goods, therefore the said accumulated credit is refundable in terms of ....

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....nal product should be exported under bond.  It is also provided in the Rule and in the notification issued there under  that the refund shall not be allowed in a case where the assessee  claim the rebate of duty or drawback. 4.      I have carefully considered the submissions made by the Ld. AR and also perused the records.  I find that the facts are....