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2021 (9) TMI 292 - AT - Central ExciseRefund of accumulated CENVAT Credit lying unutilized in their CENVAT account - closure of manufacturing operations - Section 11B of the Central Excise Act, 1944 - HELD THAT:- There is no dispute that nothing has to be read into the provisions which the legislature in its wisdom has consciously drafted. No disputes also that Rule 5 of the CCR does not speak of refund in a situation where the manufacturing unit is closed down. There is also no doubt that Rule 5 does not specifically prohibit refund when a unit closes down; so, what is not there can never be read into a provision while strictly adhering to the legislative intention as to not read something into a provision. Rule 5, admittedly, does not specifically prohibit refund in a situation where a manufacturing unit closes down and the credit available could not get utilized. Hence, the legislative intention cannot be applied to the advantage of the Revenue especially when the tax suffered amount in the form of CENVAT Credit is lying with the Revenue. The Hon’ble High Court of Rajasthan in the case of M/S. WELCURE DRUGS AND PHARMACEUTICALS LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, JAIPUR [2018 (8) TMI 1169 - RAJASTHAN HIGH COURT] where it was held that Tribunal is fully justified in ordering refund particularly in the light of the closure of the factory and in the light or the assessee coming out of the Modvat Scheme. The lis in the case on hand has already been settled by the Hon’ble High Courts and hence, the denial of refund being incorrect, cannot be sustained - Appeal allowed - decided in favor of appellant.
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