TMI Blog2007 (8) TMI 289X X X X Extracts X X X X X X X X Extracts X X X X ..... essee had no cenvat account in which refund could be credited, hence assessee could be sanctioned refund by cheque/cash – held that there is no bar against payment of refund originally paid from the cenvat account in cheque/cash - E/272/2005 - 1036/2007 - Dated:- 23-8-2007 - Shri P. Karthikeyan, Member (T) Shri T.C. Rajadas, SDR, for the Appellant. Shri R. Ramakrishnan, Consultant, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the Assistant Commissioner and ordered sanction of the balance amount of Rs. 3,11,679/- also by cheque vide the impugned order dated 4-1-2005. 2. In the appeal filed by the Revenue against the impugned order, the Revenue has sought to set aside the same on the ground that refund of credit of duty shall be allowed only where, owing to export under bond of finished product or the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me is credited in the cenvat account. Citing several case laws, the Consultant argued that when the assessee has already ceased to function, the factory was closed, the refund due to the assessee has to be paid in cash/cheque. 5. I have carefully considered the case records and submissions made by both sides. From the case records I find that the original authority passed the order to credit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
