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2010 (1) TMI 535 - CESTAT, NEW DELHICash refund – availing the benefit of notification No. 50/03 – Part of refund in cash and remaining by way of credit - they are not in a position to utilize the refund allowed by way of credit - Rule 5 of Cenvat Credit Rules, 2004 read with Section 11B – Held that: - appellant is very much in business and in fact are availing the benefit under notification No. 50/2003 - cash refund was allowed when the factory has ceased to function and registration has been surrendered - not a case where the appellant is covered by Rule 5 of the Cenvat Credit Rules as credit was not lying unutilised due to export – Cash refund not allowed.
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