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TMI Blog2017 (2) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... writ petition, challenging an order passed by the Deputy Commissioner of Central Excise, dated 18.02.2016, refusing to pay the refund as ordered by the Commissioner directly, but to credit the same in the CENVAT Fund. 2. Heard Mr. V. Hari Haran, learned counsel for the petitioner, and Mr. M.V.J.K.Kumar, learned senior standing counsel for the Department. 3. The issue that arises for consideratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aims that there is no point in having CENVAT credit for a sick Company. The petitioner actually wants the amount of refund to be paid to the State Bank of India, which is a secured creditor. 6. However, the claim of the petitioner is resisted by the learned senior standing counsel for the Department, on the ground that under sub-section (2) of Section 11B of the Central Excise Act, 1944, a refund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant is refundable, he may make an order accordingly and the amount so determined shall be credited to the Fund: Provided that the amount of duty of excise and interest, if any, paid on such duty as determined by the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise under the foregoing provisions of this sub-section shall, instead of being credited to the Fun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est, if any, paid on such duty borne by the buyer, if he had not passed on the incidence of such duty and interest, if any, paid on such duty to any other person; (f) the duty of excise and interest, if any, paid on such duty borne by any other such class of applicants as the Central Government may, by notification in the Official Gazette, specify : Provided further that no notification unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2) of Section 11B. 11. After all, the petitioner is not asking the money to be paid into his account. He is only asking the money to be paid to the State Bank of India towards discharge of some loan. In such a case, the payment to the Bank would also act, probably as a recovery for the Bank. 12. Therefore, the Writ Petition is allowed, directing the respondents to pay the amount of refund dire ..... X X X X Extracts X X X X X X X X Extracts X X X X
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