2008 (6) TMI 487 - AT - Central Excise

Summary

Issues involved:
The issue involved in this case is regarding the refund of the amount of duty to the appellant.

Refund Claim:
The appellant filed a refund claim for the balance of Modvat credit of Basic Excise Duty and Special Excise Duty. The Department appealed against the sanction of the refund by the adjudicating authority. The appellant's main contention was based on a judgment of the Hon'ble High Court of Karnataka, while the Revenue relied on a Larger Bench decision of the Tribunal.

Findings of Commissioner (Appeals):
The Commissioner (Appeals) considered the issue of refunding the unutilized Cenvat Credit balance. The Commissioner referred to the Tribunal's decision in the case of Gauri Plasticulture (P) Ltd. and the judgment of the Hon'ble High Court of Karnataka in the case of Slovak India Trading Co. Pvt. Ltd. The Commissioner concluded that if the factory is closed or the assessee has come out of the Modvat Credit Scheme, they will not be entitled to a refund of the unutilized credit in cash.

Appellant's Evidence:
The appellant did not produce any evidence that the credit for which refund was claimed could not have been utilized when their factory was operational. There was no evidence provided regarding the closure of the unit, surrender of Central Excise Registration, or the delay in filing the refund claim. Due to the lack of evidence, the appellant was deemed ineligible for the refund claim.

Decision and Conclusion:
Based on the findings and the precedent set by the Larger Bench of the Tribunal in the case of Gauri Plasticulture (P) Ltd., the appeal was considered devoid of merit. The appeal was rejected, and the decision was pronounced in court on 26-6-2008.