LAWS(CE)-2008-9-155

ACE TECHNIKS Vs. COMMISSIONER OF CENTRAL EXCISE, BANGALORE

Decided On September 09, 2008
Ace Techniks Appellant
V/S
COMMISSIONER OF CENTRAL EXCISE, BANGALORE Respondents

JUDGEMENT

(1.) THIS appeal has been filed against the Order -in -Appeal No. 32/2008 -C.E dated 22 -2 -2008, passed by the Commissioner of Central Excise (Appeals -I), Bangalore.

(2.) SHRI N. Anand, learned Advocate appeared for the appellants and Ms. Joy Kumari Chander, learned Jt. CDR appeared for the Revenue.

(3.) WE have heard both the sides in the matter. The appellants availed Cenvat credit on inputs which were used in the production of exported goods. Later, they filed the refund claim for an amount of Rs. 2,21,360/ - on the ground that they had exported their final products during the given period and therefore they are not in a position to utilize the Cenvat credit of duty taken on inputs used in the manufacture of the said final product cleared for export under bond or letter of undertaking. The Original authority examined the issue in detail. The Original authority did not sanction the entire amount claimed by the appellants. He observed that the closing balance of credit of Rs. 2,21,360/ - for March 2007 includes inter alia -