9911796707
TMI Blog2017 (2) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... of Bombay Burmah Trading Corpn.Ltd. [2008 (3) TMI 12 - Supreme court] wherein this Tribunal has held that there is no bar on payment of refund by way of cheque/cash in case the assessee ceases to exist as a manufacturing unit and has no cenvat account into which refund can be credited - the respondent is entitled for refund by way of cash - appeal dismissed - decided against Revenue. - E/3317/200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, had not been reversed by the appellant. The appellant debited an amount of ₹ 5,00,000/- from PLA and ₹ 5,93,750/- from Cenvat account voluntarily. While adjudicating, the demand of ₹ 10,93,750/- alongwith interest and appropriated the amount already deposited by the respondent and imposed penalty of ₹ 10,93,750/- on the respondent. The respondent filed an appeal before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n No.50/03-CE dated 10.6.2003 and is not in a position to utilize the cenvat account. We further find that in the case of Bombay Burmah Trading Corpn.Ltd.-2005 (190) ELT 40 (Tri.-Del.) wherein this Tribunal has held that there is no bar on payment of refund by way cheque/cash in case the assessee ceases to exist as a manufacturing unit and has no cenvat account into which refund can be credite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of the Commissioner (Appeals) - Impugned order upheld and Revenue appeal dismissed. 5. We find that the respondent has opted for exemption under Notification No.50/2003-CE and by way of availing the exemption, the respondent is not able to utilize the cenvat account and having no cenvat account. In that circumstance, the respondent is entitled for refund by way of cash. The same view has b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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