Full Judgment
1. Heard both sides. Under the impugned orders, the lower authorities have denied refund of accumulated Cenvat credit of Rs. 1,98,82,260/- to the appellants. The appellants have exported the final products during the period July, 2002 and September, 2002 and the shipments were made under the DEPB scheme as evidenced from the export documents. Hence, it is not in doubt that they have not availed of any drawback of the input duty. It is the stated policy of the Govt. to promote exports and the minimum assistance the authorities below can extend is not to cause impediments in implementing clear policies of the Govt. It is no one's case that the exporter should bear the domestic levy on inputs or pass it in turn to the foreign buyer making Indian goods dearer in the foreign market. In the facts of this case, the appellants are clearly eligible to get refund of accumulated Cenvat credit of duty paid on inputs against exports made. Hence, we allow the appeal with consequential benefit to the appellants.
The operative part of the order was pronounced in the open court on the date of hearing on 09.08.2005.