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TMI Blog2018 (9) TMI 1576X X X X Extracts X X X X X X X X Extracts X X X X ..... ting the claimed amount of ₹ 6,55,200/- on the grounds of limitation did not find any such fault with the impugned amount of ₹ 5,20,800/-. Neither has the amount been found hit by unjust enrichment as per the provisions of Section 11B of the Central Excise Act, 1944. Transitional provisions of Section 142 (3) of the GST Act - Held that:- Once the GST regime is in force, the pending refund claim, if sanctioned, will necessarily have to be paid in cash irrespective of the fact whether the refund amount pertains to that emanating from cenvat account or from account current. Any other interpretation would lead to a situation where the assessee, who is otherwise undisputedly entitled to the refund amount of ₹ 5,20,800/- is l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17 dt. 30.11.2017 remanded the case to original authority to sanction refund by recredit to cenvat credit account after necessary verification. Aggrieved, the assessees are before this forum. 3. On the date of hearing, on behalf of the assessee, Ld. Advocate Shri Rabeen Jayaraman reiterated the grounds of appeal. He also made a number of submissions which can be broadly summarized as under : i) The Commissioner (Appeals) ought to have considered that debit to cenvat account was as good as duty paid. ii) The Commissioner (Appeals) should have followed the reasoning of Hon ble Supreme Court in the case of Eicher Motors Vs UOI as reported in 1989 (106) ELT 3 (SC) where it was held that debit to cenvat credit amount is as good as duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d been subsumed by the Central Goods and Service Tax Act, 2017 w.e.f. 01.07.2017. When the cenvat account as was prevalent earlier did not have any more existence with effect from that date (1.7.2017), the Commissioner (Appeals) could have very well taken note of the following transitional provisions of Section 142 (3) of the Act and ordered refund to be paid in cash : (3) Every claim for refund filed by any person (3) before, on or after the appointed day, for refund of any amount of CENVAT credit, duty, tax, interest or any other amount paid under the existing law, shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be paid in cash, notwithstanding anything to the con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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