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2017 (3) TMI 1151 - AT - Central ExciseUnutilized Cenvat Credit - refund in cash - denial on the ground that refund cannot be allowed in cash even in a situation where at the time of grant of refund the unit is either totally closed or it is not in a position to utilize the CENVAT credit for any reason - whether the Appellants are entitled for refund amount in cash instead of credit in their CENVAT account, as directed by the learned Commissioner (Appeals)? - Held that: - the issue has been considered at length by the Larger Bench in the case of Steel Strips Versus Commissioner of Central Excise, Ludhiana [2011 (5) TMI 111 - CESTAT, NEW DELHI], where it was held that 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 - From the aforesaid observation of the Larger Bench, it is very much clear that the refund cannot be allowed in cash - impugned order upheld - refund rightly rejected - appeal dismissed - decided against appellant.
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