2005 (4) TMI 338 - AT - Central Excise

Summary

Issues:
1. Refusal of refund application based on surrender of registration.
2. Appellant's claim for refund of duty paid through Cenvat credit.
3. Appellant's shift of unit within the same Commissionerate.
4. Revenue's argument against cash refund due to surrendered registration.

Analysis:
The appellant filed an appeal against the rejection of their refund application, contending that they paid duty through Cenvat credit and later realized the mistake. They shifted their unit within the same Commissionerate and paid the duty through PLA, seeking a reversal of the wrongly paid amount. The Revenue argued that the refund was denied based on the surrender of registration and the closure of the unit. However, it was clarified that the appellant was not seeking a cash refund but only a credit reversal for the duty paid in October 2000. The Tribunal found that since the appellant continued operations in the same range under the same ownership, the denial of refund based on surrendered registration was not valid. The impugned order was set aside, and the matter was remanded for fresh adjudication, allowing the appellant an opportunity to be heard.

In conclusion, the Tribunal ruled in favor of the appellant, emphasizing that the denial of refund based on surrendered registration was not sustainable. The appellant's request for a credit reversal of the duty paid through Cenvat credit, which was later paid through PLA, was deemed admissible due to the unit's continued operation within the same Commissionerate. The case was disposed of by remand for further adjudication, ensuring a fair opportunity for the appellant to present their case.