9911796707
TMI Blog2017 (3) TMI 1440X X X X Extracts X X X X X X X X Extracts X X X X ..... AKHAND HIGH COURT], where it was held that in a situation where the assessee is not in a position to utilize the Cenvat Credit Account, the refund claim is to be given in cash - refund allowed in cash - appeal dismissed - decided against Revenue. - E/Misc/ 61859/2013 in E/50/2010 - A/60329/2017-SM[BR] - Dated:- 3-3-2017 - Mr. Ashok Jindal, Member (Judicial) Shri. Harvinder Singh, AR - for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Max Power Infosystems in Appeal No. E/569/2012-EX (DB ) vide Final order No.60043/2017 dated 02.01.2017 wherein this Tribunal held as under: 11. The Contention of the assessee is that they have paid the amount in cash and are not able to utilize the cenvat credit Account as they were working under exemption Notification No.50/2003-CE therefore, the goods exempted from payment of duty. There ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchased by them under the Cenvat Credit Rules, 2002 (hereinafter referred to as the Rules ). The Central Excise Department issued a Central Excise Notification No.50/2003, dated 10th June, 2003, pursuant to which, the assessee undertook an expansion programme and became eligible for exemption of excise duty on the final product manufactured by them. The assessee opted to avail nil rate of duty w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same could not be reversed by the Department. Instead of refunding the amount, the Department directed the assessee to show cause as to why the refund claimed by them should not be disallowed. And further considering the contention of the Hon ble High Court has observed as under: 20. Upon hearing the learned Counsel, the Court finds that the adjudicating authority had sanctioned the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd claim is to be given in cash. Therefore, we hold that the assessee is entitled for refund claim of the amount paid by the assessee on account of reversal of credit in cash. 13 In these terms, the impugned order qua the refund to be credit to cenvat credit account is set aside by holding that the refund to be given to the assessee in cash. Consequently, the appeal filed by the assessee is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
