Samtel India Ltd. vs Commissioner Of Central Excise on 9 August, 2000
He submits that the Tribunal in the case of CCE, Jaipur v. Samtel India Ltd. in their order No. A/354/2000-NB, dated 17.04.2000 observed "that Rule 57F(4)/57F(13) provides for grant of cash refund of outstanding Modvat credit on inputs used in the production of exported goods. The exports in the present case had taken place in 1996, therefore, the relevant credit for the purpose of refund would be of that period. This is the position declarified by the Board also in the clarificatory letter dated 12-12-1997. Therefore, we are of the view that there is no justification for denying the refund to the respondents or in asking them to reverse the credit earned on purchase of inputs during a subsequent period. The impugned order being in conformity with the instructions of the Board, it is not open for the Revenue to challenge it before us. In the circumstances, we are not able to find merit in the appeal. The appeal is accordingly rejected". Ld. Counsel also submitted that Sub-rule 13 of Rule 57F provides :