2012 (12) TMI 306

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..... s grant in statute does not imply ipso facto entitlement to refund - absence of express grant is an implied bar for refund. When right to refund does not accrue under law, claim thereof is inconceivable - answered negatively and in favour of Revenue since refund of unutilized credit is only permissible in case of export of goods and for no other reason whatsoever that may be - Excise Appeal No. .....

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..... on for refund of cumulated unutilised credit. Hence, the present appeal. 3. I have heard Shri Manish Saharan, learned advocate appearing for the appellant and Shri G.K. Dixit, learned DR appearing for the Revenue. 4. Both sides have relied upon various decisions of the Tribunal as also of judicial courts to buttress their submissions. However, I find that identical issue was the subject matter .....

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..... Modvat credit as has been rightly pleaded by Revenue and present reference is neither the case of otherwise due of the refund nor the case of exported goods. Similarly absence of express grant in statute does not imply ipso facto entitlement to refund. So also absence of express grant is an implied bar for refund. When right to refund does not accrue under law, claim thereof is inconceivable. Ther .....

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