TMI Blog2005 (12) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... goods (imported by them) on the strength of Bill of Entry dated 30-11-1994. The original authority disallowed the credit to the party. The first appellate authority set aside the order of the lower authority and allowed the credit to the assessee. Pursuant to the order passed by the Commissioner (Appeals), the jurisdictional Deputy Commissioner allowed the assessee to take re-credit of the above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scheme and not on account of having closed down their unit. It is also submitted that the CBEC has permitted cash refund only in the case of export rebate. Reference has also been made to sub-rule 3 of the erstwhile Rule 57S of the Central Excise Rules, 1944 and it has been stated that the said provision prohibited refund, in cash or by cheque, of any amount of capital goods credit. 3. Ld. Cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stries (supra), the departmental authorities had denied cash refund of an amount of duty but allowed the party to take credit of such amount in their Modvat account. The Tribunal noted that the party was not in a position to avail such credit on account of their being a SSI unit availing exemption from payment of duty on their final product. Accordingly, the Tribunal ordered cash refund to the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount in question on account of their having closed down their unit and surrendered Central Excise registration. Hence cash refund of the amount should have been allowed to them. Ld. Commissioner (Appeals) has done the right thing. His order is sustained and this appeal is dismissed. (Operative part of the order was pronounced in open court on 14-12-2005) - - TaxTMI - TMITax - Central ..... X X X X Extracts X X X X X X X X Extracts X X X X
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