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2017 (2) TMI 19 - HC - Central ExciseSick Company - CENVAT credit - refund claim - petitioner's claim is that they are sick company, and there is no point in having CENVAT credit for a sick Company. The petitioner actually wants the amount of refund to be paid to the State Bank of India, which is a secured creditor - is claim of petitioner justified? - Held that: - A careful look at the order in appeal passed in favour of the petitioner directing refund, shows that this is a case where the petitioner paid excess duty, but did not pass on the incidence of such duty to any other person. Such a finding is recorded by the Commissioner (Appeals) and the said order has also attained finality. Therefore, this case, in our opinion, falls within Clause (e) under the proviso to sub-section (2) of Section 11B. The petitioner is not asking the money to be paid into his account. He is only asking the money to be paid to the State Bank of India towards discharge of some loan. In such a case, the payment to the Bank would also act, probably as a recovery for the Bank. The respondents are directed to pay the amount directly to the lien account - petition allowed - decided in favor of petitioner.
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