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2018 (6) TMI 631 - AT - Central ExciseRefund of unutilized CENVAT credit - time limitation - Concessional rate of duty - Hosiery garments - N/N. 29/2004-CE and N/N. 30/4004-CE dated 09.07.2004 - Held that:- There is no specific enabling provision of law granting refund of such accumulated credit to an assessee when he closes his factory and is not in a position to utilize the credit. As per the provision of Cenvat Credit Rules, credit is extended to the assessee only for utilization towards payment of duty of excise on their final products. If such utilization is not possible, such accumulated credit would not result in refund of the same in cash to the assessee. Hon'ble Supreme Court decision in the case of Porcelain Electrical Mfg. Co. Vs, CCF, New Delhi [1994 (11) TMI 145 - SUPREME COURT OF INDIA], held that the refund claim filed before the departmental authorities are to be governed by the time limit provided under the statute. General law of limitation is not available and the decisions where assesses have invoked extraordinary jurisdiction of High Courts and the Courts have applied the period of three years are inapplicable to the cases where the refund applications have been moved before the Revenue authorities. In as much as admittedly, the period for filing refund claims in terms of Section 11 B is only one year, the refund claim filed by the assessee after the period of three and a half years has to be held as having been filed beyond the limitation period of one year has to be rejected on the said ground - in the present case, the refund stands filed even beyond the general period of limitation of three years. Appeal dismissed - decided against appellant.
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