2016 (6) TMI 150

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..... It is settled law that the debit of an amount in Cenvat account is considered as discharged of tax liability. Our views are fortified by the judgments of Hon’ble High Court of Uttarakhand in the case of Apco Pharma Ltd. [2011 (10) TMI 38 - UTTARAKHAND HIGH COURT]. The impugned order is set aside. - Decided in favour of appellant with consequential relief - Appeal No. ST/503/11-Mum - Order No. A/ .....

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..... der, as according to them, the Cenvat credit cannot be utilized as exports of the services are more than the domestic clearances and rebate claim should be sanctioned to them in cash. 4. On careful consideration of the submissions made by both the sides and perusal the records, we find that Ld. Counsel was correct in emphasizing that the rebate claim should be paid in cash. It is settled law th .....

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..... 9, 2007 (7) STR 365, the High Court of Jharkhand held that the assessee is entitled for the refund in cash. In view of the aforesaid, the submission of the Ld. Counsel for the appellant cannot be accepted. 5. In view of the foregoing and in the facts and circumstances of this case, we set aside the impugned order and allow the appeal with consequential relief. ( Operative order pronounced .....

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