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2018 (6) TMI 1343 - AT - Central ExciseRefund in cash - Whether the claim of the appellant for transfer of the set-off amount in their RG-23 account under Rule 57H(3) of erstwhile Central Excise Rules, 1944 is admissible or not? - Held that:- The learned Commissioner (appeals) have misdirected himself as he has not been able to appreciate that the issue of Cenvat credit of the stock of inputs lying in stock was under Rule 57H(1) as amended by N/N. 28/91-CE - From a plain reading of the amended Rule 57H(1), it is evident that the Assistant Collector of Central Excise was required to allow credit of the duty on inputs lying in stock on 25th day of July, 1991 or inputs received in the factory on or after 25th day of July, 1991 upon obtaining the dated acknowledgement of the declaration made under the said rule. In view of Section 142(6)(a) of Central Goods & Service Tax Act which provides for cash refund in every proceeding of appeal, review or reference relating to claim for Cenvat credit initiated whether before, on or after the appointed day under the existing law shall be disposed of, in accordance with the provisions of existing law, and any amount of credit found to be admissible to the claimant shall be refunded to him in cash. Appeal allowed - decided in favor of appellant.
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