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2021 (9) TMI 916 - CESTAT NEW DELHIRefund of duty in cash of the amount which was paid by the appellant by using MEIS scripts - case of appellant is that the amount which stands credited under the scripts is as good as an amount in cash and the assessee is entitled for the refund - HELD THAT:- This Tribunal in the case of CCE, DELHI–II APPELLANT VERSUS M/S SUN PHARMACEUTICALS INDUSTRIES LTD. [2018 (1) TMI 366 - CESTAT NEW DELHI] has been held that the credit which stands deposited with the Department is required to be refunded to the assessee in cash on the simple ground that the same was not recoverable from the assessee at all. Learned DR though has impressed upon that MEIS scripts and the credit lying there-under is different from the credit lying under DEPB Scheme but that issue also stands decided by this Tribunal only in the case of C C-NEW DELHI ICD TKD EXPORT VERSUS SEL MANUFACTURING COMPANY LTD [2019 (3) TMI 718 - CESTAT NEW DELHI] wherein the issue of allowing the cash refund of payment made rather through DEPB Scripts was under consideration. It was held that DEPB Scripts are again the similar scripts under which the money of the assessee stands credited for his future liabilities and once there remains no more liability that amount is to be refunded to the assessee that too in cash. There are no contention in the submissions put forth by ld. D.R. Commissioner (Appeals) is also observed to be miserably silent about citing any reason for which the DEPB scripts shall be considered as different from any MEIS scripts as far as the issue of refund of amount lying credited vide those scripts to concerned - both scripts are creditable scripts hence there is no difference in the two at least for the nature of money lying credited therein and the utilization else refund thereof is concerned. Appeal allowed - decided in favor of appellant.
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