TMI Blog2015 (10) TMI 1258X X X X Extracts X X X X X X X X Extracts X X X X ..... empted and that cash refund of the same is admissible to the appellant. - Decision in the case of CC & CE, Meerut - I vs. Janardhan Plyboard Industries Ltd. [2011 (10) TMI 38 - UTTARAKHAND HIGH COURT] followed - Decided against Revenue. - Excise Appeal Nos. 1504 and 3689 of 2006 - Final Order No. 52186-52187/2015 - Dated:- 7-7-2015 - Mr. G. Raghuram and Mr. H.K. Thakur, JJ. For The Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... artment which was correctly admissible to the appellant. That under OIO No. 40/05 (Ref. 71/04) dated 06/5/05 the reversal of Cenvat credit of ₹ 8,96,911/- done by the appellant on 23/09/2004 was allowed as re-credit in their RG-23A Pt. II account. That both Revenue and the appellant filed appeal against the said OIO dated 06/05/05. That appeal filed by the appellant for cash refund was allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5/3/2014 in the case of The Rishabh Velveleen Ltd. vs. CE ST in CEA No. 09/2009 (iii) Albert David Ltd. vs. CCE, Meerut reported in 2003 (151) E.L.T. 443 (Tri.- Del.). 3. Shri R.K. Gupta (AR) pleading on behalf of the Revenue argued that under Cenvat Credit Rules, there is no provision for sanctioning of cash refund, therefore, order passed by the First Appellate Authority sanctioning refund of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be refunded in cash. Upon hearing the learned counsel, the Court finds that the adjudicating authority had sanctioned the refund claimed by way of credit in their RG-23A Pt. II account. The Court finds that the assessee is availing exemption and is not in a position to utilise the credit and if the assessee is not able to utilise the credit, the very basis of the refund is defeated. Conseq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vat Credit Rules, 2002. the question of law is answered accordingly . 5. In view of the above case law laid down by the Jurisdictional High Court, it has to be held that credit taken by the appellant was not required to be reversed when the final products became exempted and that cash refund of the same is admissible to the appellant. Accordingly, appeal filed by the Revenue is dismissed and ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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