TaxTMI 
TaxTMI 
2004 (4) TMI 225
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed the present appeal against Order-in-Appeal No. 377/2003, dated 14-7-2003 by which the Commissioner (Appeals) has confirmed the rejection of their refund on account of time-bar. 2. Shri K.K. Anand, learned Advocate, submitted that the appellants manufacture cotton yarn, cotton fabric, and cotton polyester yarn; that they availed Modvat credit of the duty paid on the inputs; that by virtue of av....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t balance lying in RG-23A, Part-II; that Section 11B of the Central Excise Act relates to the refund of duty of Excise only paid by an assessee and not other amounts; that there is no time-limit fixed for utilisation of credit validly availed, and therefore, refund of credit lying in RG23A, Part II account is not a refund of duty but an incentive to manufacturer-exporter to promote export and earn....
X X X X Extracts X X X X
X X X X Extracts X X X X
....final products which were cleared for export under bond subject to such conditions and limitations as may be specified by the Central Government by notification; that such a Notification No. 85/87-C.E., dated 1-3-1987 has been issued by the Central Government in exercise of powers conferred under Rule 57F; that condition No. 7 of the notification clearly provides that the application for refund to....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tral Excise Rules, 1944. The Modvat credit lying unutilised in RG-23A, Part II is available to the appellants only under the provisions of Rule 57F when the goods in which the inputs have been used are exported and the appellants are not in a position to utilise the said credit towards payment of duty of Excise. The refund is available subject to the conditions specified by the Central Government ....