Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (7) TMI 640 - CESTAT NEW DELHIRufund in cash or by way of Cenvat Credit - Appellant claimed area based exemption under Notification No. 50/2003-CE dated 10.06.2003, they were directed to reverse the cenvat credit in respect of stock of inputs, the inputs in process and inputs contained in the final product on the date of availment of the notification on 29.11.2003 - Assessee not having any credit balance in their RG-23A Part-II register, the total credit was deposited in cash on 29.11.2003 - Subsequently the appellant claimed the refund of the said cash deposited – Held that:- There is no dispute about the fact that the amount in question was paid back by the appellant in cash, as there was no credit available with them in RG-23A Part-II records - There is no dispute about the fact that the appellant is availing benefit of area based exemption notification and as such is not in a position to utilise the cenvat credit - There is no justification for allowing the refund by way of credit to the cenvat credit account, which is not even being maintained by the appellant - The same was paid by the appellant in cash and eligibility of refund having been finally decided in their favour, the same has to be refunded in cash – Decided in favor of Assessee.
|