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2016 (6) TMI 316 - AT - Central ExciseEntitlement for refund claim - Rule 5 of Cenvat Credit Rules - Unutilized accumulated credit as on the date of their opting for the benefit of an exemption Notification No. 30/2004-CE dated 01/4/2006 which prohibited the availment of Cenvat credit - Held that:- There is no provision either in the Cenvat Credit Rules or under the Central Excise Act allowing cash refund of such accumulated credit. Such cash refunds of the credit, which is meant for only further utilization in discharge of the duty of excise on the final product, would enrich the Assessee unjustifiably. The Tribunal being a creature of the Act, has to act within the framework of the Act and cannot go beyond that. In the absence of any provision specifically permitting the refund of such credit, in cash, the same cannot be allowed on the basis of equity, justice and good conscious. In the absence of any such rule or provision of law, which learned Advocate has also been unable to show us, we find no justifiable reasons to grant the refund of the said credit. - Decided against the appellant
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