2006 (4) TMI 277 - AT - Central Excise

Summary

Issues:
1. Refund of duty paid through Modvat/Cenvat account.
2. Whether refund by cash/cheque can be given in absence of specific provision.
3. Requirement of resolution by referring to a Larger Bench.

Analysis:
Issue 1: The lower appellate authority allowed the refund but directed that the amount of Rs. 8,41,043/- paid from the RG 23A account cannot be refunded in cash to the appellants but should be credited to their RG 23A account. The Tribunal cited previous decisions like CCE, Chennai v. Rajashree Cements and Purvi Fabrics & Texturise (P) Ltd. v. CCE, Jaipur-II, which held that refund in respect of excess duty paid through Modvat credit account should be given in the respective account and not in cash, except in cases of export where a refund is allowed as an incentive.

Issue 2: The Tribunal noted conflicting decisions regarding refund by cash/cheque of duty paid through Modvat/Cenvat account in the absence of a specific provision. While some decisions highlighted the absence of a legal provision for such refunds except in cases of export, others noted that Section 11B of the Central Excise Act, 1944 does not bar refund by cash/cheque in cases where duty was paid through Cenvat account. The Tribunal observed that the appellant in this case ceased to exist as a manufacturing unit, raising questions about the account into which the refund could be credited.

Issue 3: Due to the conflicting decisions on the issue of refund by cash/cheque for duty paid through Modvat/Cenvat account, the Member (T) opined that the matter required resolution by a Larger Bench. Consequently, the direction was given to place the matter before the Hon'ble President for constituting a Larger Bench to address the conflicting interpretations and provide clarity on the issue.

In conclusion, the judgment highlighted the complexities surrounding the refund of duty paid through Modvat/Cenvat accounts and the need for a definitive resolution by a Larger Bench to reconcile the conflicting decisions and establish a clear legal position regarding the mode of refund in such cases.