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2015 (6) TMI 1220 - CESTAT BANGALORERefund of CENVAT Credit in cash - credit already utilized for payment of Central Excise duty - HELD THAT:- Cenvat credit originally used by them for payment of duty is liable to be restored in their Cenvat account, once the appellant has subsequently paid the duty in cash. The accumulated Cenvat credit cannot be allowed to a manufacturer, on the closure of their factory inasmuch as there is no provision for refund of such unutilized accumulated credit, in the Cenvat credit Rules. Accumulative reading of the said rules leads to conclude that the credit so availed by an assessee can be used for payment of duty or the final product. It is not a case where such credit was available to the appellant for utilization. As such in the absence of any provision for refund of such accumulated credit, the refund of such credit cannot be allowed in cash - Appeal dismissed - decided against appellant.
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