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TMI Blog2015 (2) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... at credit or also by way of cash. This might have resulted in accumulation of Cenvat credit. However, the payments made towards the duty in cash, were proper and appropriated payment at that point of time. The assessment in respect of same also stand finalized. As such, at the end of the day, when the appellant is closing its factory, it has claimed refund of payment made in cash during preceding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - CESTAT, NEW DELHI] has held that there is no provision for cash refund of the unutilized Cenvat credit at the time of surrender of registration certificate on closure of unit. - Decided against assessee. - E/21/2011-SM - Final Order No. A/50577/2014-SM(BR) - Dated:- 31-1-2014 - Ms. Archana Wadhwa, Member (J) Shri Bipin Garg, Advocate, for the Appellant. Shri R.K. Mishra, DR, for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the course of adjudication, the appellant took a stand that during the period involved, they had discharged their duty liability out of PLA even when they were having Cenvat credit in their Cenvat account. Said discharge of duty out of PLA was at the instance of Revenue. As such, they took a stand that after adjusting discharge of duty out of Cenvat credit account instead of paying the same in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit. However, the payments made towards the duty in cash, were proper and appropriated payment at that point of time. The assessment in respect of same also stand finalized. As such, at the end of the day, when the appellant is closing its factory, it has claimed refund of payment made in cash during preceding financial year on the ground that the same should be adjusted against the available c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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