TMI Blog2012 (4) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 in not expressly permitted to be refunded. In absence of express provision to grant refund, that is difficult to entertain except in the case of export. There cannot be presumption that in the absence of debarment to make refund in ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M.V. Ravindaran, J. For the Appellant: Shri M.N. Saiyed, Consultant For the Respondent: Shri J.S. Negi, AR JUDGEMENT Per: Mr. M.V. Ravindaran; This appeal is directed against the OIA No. RKA/862/SRT-I/2009 dated 29.12.2009. 2. Heard both sides and perused the record. 3. The issue involved in this case is regarding denial of refund of Rs. 1,00,050/- which was frozen by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or adjustment of duty liability against Modvat Account. That is required to be carried out in accordance with law and unadjusted amount in not expressly permitted to be refunded. In absence of express provision to grant refund, that is difficult to entertain except in the case of export. There cannot be presumption that in the absence of debarment to make refund in other cases that is permissible. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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. 5. In view of the judgment of the Larger Bench, I find that both the lower authorities are correct in rejecting the refund claim filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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