2005 (3) TMI 266

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....ant : G.L. Deshpande, Adv. For the Respondent : S.V. Parelkar, Junior Departmental Representative Order Moheb Ali M., Member (T) 1. These appeals are taken up together, as the issue is common though the appeals are directed against three separate orders of the Commissioner (Appeals). Briefly the facts are that the appellant is engaged in the manufacture of Polyester Viscose Blended Yar....

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....ble the manufacturer shall be allowed refund of such amount subject to limitation, safeguards etc. Notification No. 11/2002-C.E. (N.T.) specifies application form and conditions for claiming refund of Cenvat. 3. The refund claim was rejected by the Assistant/Deputy Commissioner and the appellant filed an appeal before the Commissioner. 4. The Commissioner while dealing with the appe....

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....alance is Rs. 14,20,796/- is alone refundable. 5. Heard both sides. 6. Neither Rule 5 of Cenvat Credit Rules nor the Notification issued under it says that the opening balance lying in the credit account should not be considered while dealing with a refund claim for credit accumulated during the quarter. What all the Rule says is that credit in respect of inputs used in the manufacture of ex....

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....mulated credit pertains to inputs that have gone into the production of goods, which were exported and secondly whether the application for refund is in no position to utilise the accumulated credit. The Notification issued under Rule 5 does not say that if a manufacturer exporter fails to make an application for refund of accumulated credit at the end of the quarter he would not be entitled for r....