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2020 (3) TMI 702 - AT - Central ExciseCash refund of unutilized CENVAT Credit - closure of factory - period April 2011 to October, 2011 - main argument of the appellant is that during the period April, 2011 to October, 2011, since they defaulted in making monthly payment of duty, consequently, Range Superintendent directed them to discharge duty through PLA without utilization of CENVAT Credit. Hence, the entire duty amount was later paid through cash in compliance with the Rule 8(3A) of the Central Excise Rules, 2002. HELD THAT - There are no merit in the contention of the appellant inasmuch as the present refund claim arose four years after the compliance of the Rule 8(3A) of the Central Excise Rules, 2002 by discharging the duty in cash for which a separate proceeding has been initiated by claiming refund in cash before the adjudicating authority, which on rejection, appeal is pending before the learned Commissioner (Appeals) as claimed by the appellant. The present refund claim in cash arose as the CENVAT Credit amount was lying in balance as on date of closure of the factory. Appeal dismissed.
Issues:
- Appeal against rejection of cash refund claim under Section 11B of Central Excise Act, 1944 and Rule 5 of CENVAT Credit Rules, 2004. - Applicability of larger Bench judgment of Hon'ble Bombay High Court in Gauri Plasticulture Pvt. Ltd. - Claim for refund of unutilized CENVAT Credit due to closure of factory. - Dispute over payment of duty in cash during a specific period. - Pending appeal against rejection of earlier refund claim. Analysis: 1. The appellant filed an appeal against the rejection of a cash refund claim under Section 11B of the Central Excise Act, 1944 and Rule 5 of the CENVAT Credit Rules, 2004. The claim was based on the closure of their factory and the unutilized CENVAT Credit. The Commissioner of Central Excise (Appeals) initially rejected the claim, leading to the present appeal. 2. The appellant argued that they had paid duty in cash for a specific period due to default in monthly payments, even though the CENVAT Credit account was debited. They sought a refund of the duty paid twice during this period, which was partially granted after adjusting amounts. Subsequently, upon factory closure, they claimed a cash refund of the unutilized CENVAT Credit. 3. The appellant distinguished their case from the Gauri Plasticulture Pvt. Ltd. judgment, emphasizing that they were forced to pay duty in cash despite using CENVAT Credit. They contended that the accumulated credit at factory closure resulted from paying duty in cash, justifying their cash refund claim. 4. The Revenue argued that the appellant changed their stance from seeking a refund to crediting their CENVAT account. They referenced the Gauri Plasticulture Pvt. Ltd. judgment to support their position that the unutilized credit due to factory closure did not warrant a cash refund. 5. The Tribunal analyzed the facts and arguments presented. It noted the appellant's compliance with cash duty payments in the past and the subsequent claim for a cash refund upon factory closure. However, citing the Gauri Plasticulture Pvt. Ltd. judgment and the Karnataka High Court precedent, the Tribunal upheld the rejection of the cash refund claim. 6. Ultimately, the Tribunal found no grounds to interfere with the Commissioner (Appeals)'s order, as per the precedents and legal principles discussed. Consequently, the appeal against the rejection of the cash refund claim was dismissed. This detailed analysis covers the key issues, arguments, and the Tribunal's decision, providing a comprehensive understanding of the legal judgment.
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