2004 (9) TMI 139

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.... These two appeals are being decided by this common order, the issue is grant of refund under Rule 57AC(7) of the Central Excise Rules, 1944 (now Rule 5 of the Cenvat Credit Rules, 2002) for unutilised credit of duty paid on inputs used in the final products cleared for export under Bond or LUT as per Notification No. 35/2000-C.E. (N.T.), dated 28-4-2000 and Notification No. 11/2002-C.E. (N.T.), d....

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....n 10% to 15% more than the sale price of the product (Cathode). This has been considered to be ridiculous and unrealistic resulting in the accumulation of credit. Whatever may be the reasons for the accumulation, the officers cannot question the amount of duty that is shown as paid on the documents prescribed for availing credit and the credit is available as per the amount of such documents has t....

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....puts which were utilised for manufacture of finished goods exported under Bonds/LUT along. It was submitted that the unutilised credit now being claimed also contains the credit of the inputs which were used in the manufacture of finished goods which were thereafter cleared for home consumption on payment of Central Excise duty under C.T. 2/C.T. 3 without payment of duty in domestic market. Since ....