2011 (5) TMI 111 - AT - Central Excise

Refund - Cenvat credit - Refund of unutilized credit due to unit becoming inoperative - Held that: - Modvat law has codified procedure for adjustment of duty liability against Modvat Account - Refund results in outflow from treasury, which needs sanction of law and an order of refund for such purpose is sine qua non.

Law has only recognized the event of export of goods for refund of Modvat credit, as has been rightly pleaded by revenue and present reference is neither the case of "otherwise due" of the refund nor the case of exported goods. Similarly, absence of express grant in statute does not imply ipso facto entitlement to refund. So also absence of express grant is an implied bar for refund. When right to refund does not accrue under law, claim thereof is inconceivable. - Decided against the assessee