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2014 (7) TMI 525 - AT - Central ExciseClaim of cenvat credit refund in cash - whether an amount paid by debiting cenvat credit from RG 23A Part II can be refunded in cash subsequently when appellant's factory is closed - Held that:- 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. 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 - Following decision of Steel Strips vs. CCE Ludhiana [2012 (8) TMI 565 - CESTAT, NEW DELHI] - Decided against assessee.
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