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2015 (9) TMI 1693 - HIMACHAL PRADESH HIGH COURTRefund of CENVAT Credit in cash - petitioner goes out of Modvat scheme - bar under Section 11B of the CE Act or Rule 5 of the Cenvat Credit Rules, 2002 present or not - HELD THAT:- Benefit of input/input service used in the final products cleared for export can be put to the credit of the manufacturer/provider of output service, firstly towards duty of excise; secondly towards service tax and only if, for any reason, such adjustment is not possible, refund is allowed. The third option is an exception to the rule. Only and only if the first two options cannot be exercised, the third option can be resorted to. In the instant case, no notification also stands issued by the Central Government. Also, it is not the case of the appellant that adjustment of refund cannot take place against the first two options provided for under the Rule. It is not a case where the appellant has totally closed down his business of manufacture or export. Hence, the Cenvat credit cannot be refunded in cash. Appeal disposed off.
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