2015 (10) TMI 1258 - AT - Central Excise

Refund claim - Cash refund of CENVAT Credit - whether appellant M/s Tirupati LPG Industries Ltd. is entitled to cash refund of Cenvat credit lying in their RG-23A Pt. II. - Held that - credit taken by the appellant was not required to be reversed when the final products became exempted and that cash refund of the same is admissible to the appellant. - Decision in the case of CC & CE, Meerut - I vs. Janardhan Plyboard Industries Ltd. 2011 (10) TMI 38 - UTTARAKHAND HIGH COURT followed - Decided against Revenue.

Summary

Issues:
1. Entitlement to cash refund of Cenvat credit by M/s Tirupati LPG Industries Ltd.

Analysis:
The appeal was filed by the Revenue against OIA No. 16-CE/MRT-I/2006 dated 28/02/06, while M/s Tirupati LPG Industries Ltd. filed an appeal against OIA No. 114-CE/MRT-I/2006 dated 31/07/06. The appellant argued for a refund claim of &8377; 8,96,911/- related to Cenvat credit on inputs under Notification No. 50/2003-CE. The Department reversed the amount, which the appellant contended was rightfully theirs. The Commissioner (Appeals) allowed the appellant's cash refund appeal, leading to the Revenue's appeal. The appellant cited case laws supporting cash refunds when credit cannot be utilized, emphasizing the Uttarakhand High Court's decisions.

The Revenue, represented by Shri R.K. Gupta, contended that the Cenvat Credit Rules do not provide for cash refunds, hence the First Appellate Authority's decision on cash refund was incorrect. After hearing both sides and reviewing the case records, the main issue was whether M/s Tirupati LPG Industries Ltd. was entitled to a cash refund of Cenvat credit in their RG-23A Pt. II account. The appellant relied on the case law of CC & CE, Meerut - I vs. Janardhan Plyboard Industries Ltd., where the Uttarakhand High Court supported cash refunds when credit cannot be utilized.

The judgment referenced the observations made by the Jurisdictional High Court of Uttarakhand in the case law cited by the appellant. The Court emphasized that if an assessee is unable to utilize the credit due to availing exemptions, the basis for refund is justified. Referring to previous cases, the Court highlighted that the appellant's situation aligned with cases where cash refunds were deemed appropriate. Consequently, the Court concluded that the appellant's Cenvat credit did not need to be reversed when the final products became exempted, making cash refund permissible. As a result, the Revenue's appeal was dismissed, and the appellant's appeal was allowed with consequential relief.

In conclusion, the judgment clarified the entitlement of M/s Tirupati LPG Industries Ltd. to a cash refund of Cenvat credit based on the circumstances and the supporting case laws, ultimately leading to the dismissal of the Revenue's appeal and the allowance of the appellant's appeal.