2002 (4) TMI 156 - AT - Central Excise

Summary

Issues Involved:
The dispute involves a refund claim debited from Modvat account u/s 35F of the Central Excises & Salt Act, 1944. The appellant seeks cash refund instead of credit refund due to exemption limit increase and non-maintenance of CENVAT account.

Summary:

Refund Claim Dispute:
The appellant debited Rs. 39,353.51 from their Modvat account for appeal hearing before the Tribunal. After appeal success, they sought refund in cash, arguing inability to utilize credit due to exemption limit increase. The Revenue sanctioned only part of the amount through PLA and CENVAT account, leading to the appeal.

Legal Precedent - Cash Refund Entitlement:
Referring to the case of Coromandal Fertilizers Ltd. v. Union of India, the High Court of Andhra Pradesh ruled that in absence of maintaining credit account, refund should be in cash. The appellant's situation aligns with this ruling as they do not maintain a CENVAT account post-exemption limit raise, justifying cash refund per the Court's decision.

Judgment and Direction:
Considering the appellant's inability to utilize the credit and the legal precedent, the impugned order is set aside. The authorities are directed to grant the refund in cash, in line with the High Court's decision. The appeal is allowed accordingly.