TaxTMI 
TaxTMI 
2017 (9) TMI 691
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....gaged 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 December 2008 in terms of Rule 5 of Cenvat C....
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....t 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 Rule 5 of Cenvat Credti Rules. As per Rule ....
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....sp; 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 not much in dispute that the refund claim unde....