TMI Blog2016 (11) TMI 777X X X X Extracts X X X X X X X X Extracts X X X X ..... DELHI] where it was held that Law has only recognized the event of export of goods for refund of Modvat credit, as has been rightly pleaded by revenue and present reference is neither the case of "otherwise due" of the refund nor the case of exported goods. Similarly, absence of express grant in statute does not imply ipso facto entitlement to refund. So also absence of express grant is an implie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 08.2016, the matter was adjourned and a last chance was given for the appellants to appear. 3. Brief facts of the case are that the appellants were manufacturing goods under Chapter 72 and were registered under Central Excise and surrendered their registration certificate on 03.09.2009. After closure of their factory, they applied for refund in cash of the unutilized cenvat credit of ₹ 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Slovak India Trading Co. Pvt Ltd vs. Commissioner - 2006 (205) ELT 956 (Tri.-Bang.), which was upheld by the Karnataka High Court. It is not the contention of the appellants that they are falling in any of the two situations mentioned in Rule 5 and Rule 5A of the Cenvat Credit Rules, wherein the refund of unutilized credit can be allowed 5. Heard the Ld. AR. and perused the records. 6. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refund in other cases that is permissible. Refund results in outflow from treasury, which needs sanction of law and an order of refund for such purpose is sine qua nom Law has only recognized the event of export of goods for refund of Modvat credit as has been rightly pleaded by Revenue and present reference is neither the case of otherwise due of the refund nor the case of exported goods. Simil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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