2017 (5) TMI 1017

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..... /s Laboratory Griffons Pvt Ltd, it's aggrieved by the rejection of its refund claimed for Rs. 2,04,762/- and Rs. 68,355/-. Both the lower authorities had refused the claim after an examination of their eligibility for CENVAT credit which had been disallowed. Upon the disallowance, the appellant had reversed the credit held to be ineligible. Without disputing the disallowance, appellant preferr .....

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..... axes were collected in the form of cash but with the increasing requirement to neutralise the cascading effects of tax, credit schemes have been in vogue in the law relating to Central Excise. Consequently, the manner of discharging tax liability provides the option of payment in cash or utilisation of credit. Notwithstanding this alteration in the manner of payment of tax, the provision relating .....

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..... redit enabled by a specific rule or notification made under the Central Excise Act, 1944. This circumstance is an obvious reference to the refund provision in the CENVAT Credit Rules, 2004 that envisages a cash transfer to the claimant. 6. From the above, it is abundantly clear that unless such a cash transfer is occasioned, the provisions of section 11 B of Central Excise act 1944 would not appl .....

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