STERLITE INDUSTRIES INDIA LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India seeks a writ of mandamus directing the respondents to forthwith refund the amount of Rs.44,20,58,831/- to the petitioner and consequential relief as may be appropriate.

(2.) The brief facts are that on 31/3/2003 the petitioner had filed two refund claims for Rs.18,17,67,645/- and Rs.52,54,06,510/-, since the petitioner was not in a position to utilise the credit of duty paid on inputs on account of the fact that finished goods were exported under bond. In the first round of appeals before the Commissioner (Appeals)and then Customs, Excise and Service Tax Appellate Tribunal (CESTAT), against the order of rejection by respondent Nos.3 and 4, the matter was remanded by CESTAT to Commissioner (Appeals) to factually verify whether the refund of accumulated credit claimed by the petitioner was attributable to the export of goods under bond alone or was relatable to any other exports.

(3.) In compliance with the directions of CESTAT, the Commissioner (Appeals) made an order on 5/11/2004. As can be seen from the order of Commissioner (Appeals), after calling upon the petitioner to furnish various details, the said details were forwarded to the Jurisdictional Assistant Commissioner for verification. In paragraph No.3 of the order of Commissioner (Appeals) detailed reference is made to the correspondence which ensued between him and the Jurisdictional Assistant Commissioner on one side and the petitioner and the Commissioner (Appeals) on the other side. After taking into consideration the report of Jurisdictional Assistant Commissioner, the Commissioner (Appeals) has recorded From the above, it is clear that there cannot be any dispute for refund of Cenvat credit attributable to inputs used in the manufacture of finished goods exported under bond upto the extent of Rs.65,79,35,635/-. The appellant has intimated that presently they have the balance of unutilized cenvat credit of Rs.44,20,58,831/-. The Jurisdictional Assistant Commissioner is directed to ascertain the correctness of above figure lying as balance and allow the refund of the same under Rule 57 AC(7) of Central Excise Rules,1944 accordingly ¢ ¬ ½.