2017 (9) TMI 859

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.... Tariff.  They filed four refund claims in respect of Cenvat credit lying unutilized under Rule 5 of CCR, 2002 for the period January, 2004 to June, 2004.   The refund claim was rejected by adjudicating authority on the ground that the appellants accumulated the credit not because they were not in a position to utilize the Cenvat credit of duty on inputs used in yarn exported but actually because of higher rate of Cenvat credit availed on inputs and less duty paid on finished goods due to low rate of duty payable on finished goods and the party had not maintained any separate records that shows that the acrylic/polyester fibre shown in Annexure-II of the refund application is exclusively used in the manufacture of yarn export....

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....rcular No.120/01/2010-ST dt.19.01.2010 on the subject of problems faced by the exporters in availing refund of excess credit. He also relied on the following case law: (i)  Bombay Dyeing & Mfg. Co.Ltd. vs. CCE, Raigad-2015 (315) ELT 312 (Tri.-Mum.) (ii)  CCE, Noda vs. Farvision Electronics (India) Pvt.Ltd.-2014 (314) ELT 799 (Tri.-Del.) (iii)  CCE, Mysore vs. Chamundi Textiles (Sillk Mills) Ltd.-2012 (STR 498 (Tri.-Bang.) (iv)  U.K.Paints (India) Pvt.Ltd. vs.CCE, Delhi-I-2004 (170) ELT 280 (Tri.-Del.) (v)  Vardhaman Fabrics Pvt.Ltd. vs .CCE, Surat-I-2006 (196) ELT 31 (Tri.-Mum.) 5.  Heard both sides and examined the records including the written submissions of the resodnent. 6.  We fin....

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....his export turnover is 66% of the total turnover in the quarter) from the Cenvat credit of Rs. 1 crore availed in April-June quarter. The illustration prescribed under para 5 of the Appendix to the notification should be viewed in this light....." Further, the Tribunal also held in the case of Bombay Dyeing & Mfg. Co. (supra) that no one to one correlation was required between inputs and exported goods. Hence, we are not convinced of this ground of appeal.  7.  The Revenue has further argued that the appellant have not produced any reason or ground that they are not in a position to utilize the Cenvat credit.  We find that the Commissioner (Appeals) has correctly relied upon the case law  of M/s.Vardhman Fabrics Pv....