2017 (12) TMI 1195

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.... of the case is that the appellant filed a refund claim for Rs. 40,33,460/- on 6.4.2009 under Rule 5 of Cenvat Credit Rules, 2004 for quarter ending June 2008. The claim of the appellant was revised by the appellant to Rs. 19,57,736/- and resubmitted on 9.7.2009. The Deputy Commissioner had rejected the revised refund claim vide order-in-original No.338/R/2009 dt. 10.11.2009. Against this, the app....

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.... was Rs. 6,58,726/- and the said fact of cenvat balance was confirmed by the appellant vide letter dt. 17.1.2012. Accordingly, the appellant had utilized cenvat amount of Rs. 12,99,010/- appellant contravened the Rule 5 of Cenvat Credit Rules 2004 read with the provisions of Notification No.5/2006-CE(NT) dt. 14.3.2006 therefore the amount of Rs. 12,99,010/- was erroneously refunded, the same is li....

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....d the cenvat credit equal to the total amount of refund. The said amount was accumulated cenvat credit at the time of filing refund claim therefore even though subsequent to filing of refund the accumulated cenvat was utilized, the refund should not be denied. 3. Shri V.K. Agarwal Ld. Additional Commissioner (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order....

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....ovision can be sanctioned only in respect of accumulated cenvat credit, which the assessee is not in a position to utilize for the clearance of goods in home consumption that means the cenvat credit should lie unutilized in the account of the assessee. In the present case, the cenvat credit was utilized by the appellant before sanction thereof. Since, the amount of cenvat credit has been utilized ....