TMI Blog2009 (5) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... e credit in the Cenvat Account and, therefore, refund may be granted in cash. The Commissioner (Appeals) upheld the Adjudication Order. Held that- It is seen that the Registration Certificate of the appellants has not yet been surrendered. Hence, it is fit case to remand the matter to the Original Authority with direction to refund the amount in cash as and when Registration Certificate is surrend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Adjudication Order. 3. Ld. Advocate on behalf of the appellants submits that there was a demand of duty by show cause notices dated 13-5-99 and 10-6-99, which was confirmed by the Original Authority and upheld by the Commissioner (Appeals). The appellants deposited the entire amount of duty from their Cenvat Account. The Tribunal vide Final Order No. A/1507-1509/04-SM, dated 11-10-2004 [2005 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Supreme Court as reported in 2008 (223) E.L.T. A170 (S.C.). She also relied upon the decision of the Hon'ble Punjab Haryana High Court in the case of M/s. Rama Industries Ltd. v. CCE, Chandigarh reported in 2009-TIOL-100-HC-P H-CX. 4. Ld. DR reiterates the findings of the Commissioner (Appeals). He submits that the case laws relied upon by the ld. Advocate are applicable in the case of clos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that refund claim was eligible and has to be made in cash when the assessee goes out of Modvat Scheme or when company was closed down. Ld. DR submits that there is no provisions under the Central Excise Rules for refund of cash against Cenvat Account. I find that the Tribunal held that in this situation, refund is eligible in pursuance of Rule 5 of Cenvat Credit Rules. It has been upheld by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Registration Certificate of the appellants has not yet been surrendered. Hence, it is fit case to remand the matter to the Original Authority with direction to refund the amount in cash as and when Registration Certificate is surrendered. The impugned orders are set aside. Both the appeals are allowed by way of remand with the above directions. (Order dictated and pronounced in open court on 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
