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2019 (4) TMI 1073 - AT - Central ExciseRefund of accumulated CENVAT Credit - Doctrine of merger - HELD THAT - The basic issue is the grant of refund of ₹ 4.1 crores sought by the respondent. This issue stands decided in favour of the respondents with the dismissal of SLP by the Hon ble Supreme Court. The refund cheque has also been since issued. The various orders passed by Lower Authorities stand merged with the Order of the Supreme Court. Appeal dismissed - decided against Revenue.
Issues: Grant of refund of duty paid in cash, rejection of refund application, challenge to appellate orders, appeal by Revenue, dismissal of appeal by Supreme Court, issuance of refund cheque.
In this case, the respondent, a manufacturer of Vanaspati, had accumulated unutilized credit amounting to &8377; 17,32,78,689 during the period when Vanaspati was exempted from duty. When Central Excise duty was reintroduced, the respondent was not allowed to use the accumulated credit and paid &8377; 4.46 crores in cash as duty. Subsequently, the respondent filed a Writ Petition seeking a cash refund, which was initially rejected but later allowed by the Commissioner (Appeals) and upheld by the Tribunal and High Court. The Supreme Court also dismissed the appeal by the Revenue, leading to the issuance of a refund cheque on 12.04.2009. Another aspect of the litigation involved the respondent's request for a refund cheque after the Commissioner (Appeals) allowed the refund. However, the Department issued a Show Cause Notice in response to the refund request letter. The Original Authority rejected the refund application, but the Commissioner (Appeals) overturned this decision and directed the Original Authority to pay the refund. The Department then filed an appeal challenging the Order in Appeal dated 26.03.2009. The central issue in this case was the grant of a refund of &8377; 4.1 crores to the respondent, which had been sought by them. This issue had already been decided in favor of the respondent with the dismissal of the appeal by the Hon'ble Supreme Court and the subsequent issuance of the refund cheque. As all lower authorities' orders had merged with the Supreme Court's decision, the appeal filed by the Revenue was deemed devoid of merit and was rejected by the Appellate Tribunal CESTAT KOLKATA.
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