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TMI Blog2018 (5) TMI 1509X X X X Extracts X X X X X X X X Extracts X X X X ..... AT, NEW DELHI], submits that CENVAT Credit in cash cannot be allowed except the circumstances laid down under the CENVAT Credit Rules, 2004 - cash refund cannot be allowed - appeal dismissed - decided against appellant. - Appeal No.E/10354/2018-SM - A/10585/2018 - Dated:- 28-3-2018 - DR. D.M. MISRA, MEMBER (JUDICIAL) For Appellant: Sh. N. Gheewala (Consultant) For Respondent: Sh. K.J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s sanctioned to them. However, the Ld. Adjudicating authority allowed refund of ₹ 11.00 lakh through cash and 4.00 lakh by way of credit. It is his contention that since their factory is now no more in operation, therefore, the amount allowed as CENVAT Credit be sanctioned in cash. In support, he referred to the judgment of this Tribunal in the case of Commissioner of Central Excise and Serv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since it could not be utilized due to closure of the factory observed as follows: 5.16 Modvat law has codified procedure for adjustment of duty liability against Modvat Account. That is required to be carried out In accordance with law and unadjusted amount is not expressly permitted to be refunded. In absence of express provision to grant refund, that is difficult to entertain except in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue since refund of unutilized credit is only permissible in case of export of goods and for no other reason whatsoever that may be. As has been stated earlier that equity, justice and good conscience are the guiding factors for Civil Courts, no fiscal Courts are governed by these concepts, the present reference is bound to be answered in favour of Revenue and it is answered accordingly. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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