TMI Blog2018 (6) TMI 777X X X X Extracts X X X X X X X X Extracts X X X X ..... rring jurisdiction on the Tribunal to deal with the refunds of accumulated unutilized credits, it is not possible to go beyond the legislation and to deal with the said issue. Cenvat Credit Rules allows the credit of the duty/tax paid on the inputs for further utilisation of the same in discharge of the dues on the final product. As such, it become clear that credit is admissible only for utili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s towards basic excise duty was not permissible. 2. With effect from 01.03.2015, the yarn was exempted from payment of cess as also Secondary Higher Education Cess vide two Notification No. 14/2015-CE and 15/2015-CE both dated 10.03.2015. In addition, another Notification No. 12/2015-CE(NT) dated 30.04.2015 was issued which permitted cross utilisation of the cess credit for payment of basic e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efund stand rejected. The said Order was upheld by Commissioner (Appeals) and hence the present Appeal. 4. By referring to the provisions of Section 11B of Central Excise Act, the appellate authority observed: 8. I find that Section 11B of the Central Excise Act, 1944 is for refund of Central Excise Duty/ Service Tax interest does not have any provision for sanction of refund of unutiliz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se Act or under the Cenvat Credit Rules relating to the refund of the accumulated credit. Ld. Advocate has also not been able to draw my attention to any of such provision or any notification etc. The argument of the Ld Advocate that the refund should be given as they are not in a position to utilise the credit cannot be appreciated inasmuch as this court is not working on the principle of equity, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he dues on the final product. As such, it become clear that credit is admissible only for utilisation towards payment of duty on the final product of the asessee and such credit can never be encashed by the asessee. In case the same is not available for utilisation for payment of duty on the final product, the same would get lapsed and may be kept in the records for utilisation for any future time ..... X X X X Extracts X X X X X X X X Extracts X X X X
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