Per Archana Wadhwa :

Both the appeals are arising out of the same impugned order of the Commissioner (Appeals) and issue involved is identical. As such, both the appeals are being disposed off by a common order. I have heard Shri K.V. Sahasrabudhe, Ld. Consultant appearing for the appellant and Shri N.V.B. Nair, Ld. DR for the revenue.

2. The appellant is engaged in the processing of textile fabrics and had cleared MMF fabrics to 100% EOU under bond. They filed refund claims of the modvat credit availed by them and lying unutilized for Rs. 1,52,265/- and Rs. 87,585/- for the month of January 2002 and February 2002 in terms of provisions of Rule 5 of Cenvat Credit Rules, 2001, read with Section 11B of Central Excise Act. The said refund claims were allowed by the Assistant Commissioner by observing that the appellant had given an undertaking that no rebate claims in respect of the deemed exports had been filed by them. He, further, observed that in terms of Notification No. 53/2001-CE (NT) dated 29.06.2001, refund is to be allowed only where the manufacturer is not in a position to utilize the credit of duty against goods exported under Bond during the month. Inasmuch as, the ass