2006 (2) TMI 461 - AT - Central Excise

Summary

Issues:
1. Whether the refund due should be paid as Modvat credit or in cash.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi involved a dispute regarding the mode of refund to be given to the respondent-assessee. The initial investigation revealed that the assessee had deposited Rs. 7 Lakh, out of which Rs. 5 Lakh was in cash and Rs. 2 Lakh was through the reversal of Modvat Credit. Subsequently, it was determined that the assessee had overpaid by Rs. 1,10,478. The Dy. Commissioner initially directed the refund to be credited to the CENVAT Account of the assessee. However, the Commissioner (Appeals) overturned this decision, emphasizing that the refund should not be granted as CENVAT credit due to the unique circumstances of the case. The Commissioner highlighted that the appellant had already surrendered their registration certificate, making it impossible for them to utilize the credit in their CENVAT Account. Therefore, the Commissioner allowed the refund to be given in cash rather than as Modvat credit.

The Revenue, dissatisfied with the decision of the Commissioner (Appeals), filed an appeal contending that the refund should only be allowed through CENVAT Credit Account as per established norms. The SDR argued that the refund of CENVAT Credit should strictly be credited to the CENVAT Account, citing a precedent from the Tribunal. On the other hand, the appellant's counsel argued that denying the refund would be unjust, especially considering that the appellant had ceased manufacturing activities and surrendered their excise registration. The counsel referenced another Tribunal decision supporting the admissibility of cash refunds in similar circumstances.

The Tribunal upheld the Commissioner's decision, emphasizing that the original payment made by the assessee was in cash and that granting the appeal would result in an unjust denial of justice. The Tribunal noted that the respondent was no longer an assessee capable of utilizing CENVAT Credit, making a credit in the CENVAT Account meaningless. Consequently, the Tribunal rejected the Revenue's appeal, affirming the Commissioner's order to allow the refund in cash.

In conclusion, the Tribunal's judgment clarified the unique circumstances of the case, emphasizing the importance of fairness and justice in determining the mode of refund for the respondent-assessee.