2008 (3) TMI 575 - AT - Central Excise

Tribunal upholds refund by cheque with interest over Cenvat account, emphasizing need for functioning account

The Appellate Tribunal CESTAT, New Delhi upheld the Commissioner's decision directing the refund of pre-deposit amounts by cheque with interest, rather ... Stay of order - Refund of pre-deposit Issues:1. Mode of refund - whether refund through Cenvat account or by cheque.2. Applicability of High Court order on refund in a similar case.3. Consideration of the running account for refund.Analysis:1. The appeal before the Appellate Tribunal CESTAT, New Delhi pertained to the mode of refund of pre-deposit amounts by the Revenue. The Commissioner (Appeals) had directed the adjudicating authority to refund the amounts by cheque with interest, contrary to the Revenue's contention that refunds made through Cenvat accounts should be refunded likewise. The respondent argued that as the unit in question was closed, there was no running Cenvat account, making refund through Cenvat account impossible. The Revenue relied on a Punjab & Haryana High Court order for a similar case, but the Tribunal noted that the High Court's decision was based on equitable considerations and not as a precedent for the current situation.2. The Tribunal, after considering the arguments, concluded that due to the absence of a running account for the respondent with respect to the manufacturing unit in question, refunding through Cenvat account was not feasible. The Tribunal upheld the Commissioner's decision, stating that no error was committed in directing the refund by cheque. Consequently, the Tribunal rejected the Revenue's prayer for a stay on the refund order.3. The judgment emphasized the importance of a running account for the refund process, highlighting that in the absence of such an account, alternatives like refund through Cenvat accounts may not be applicable. The Tribunal's decision clarified the necessity of a functioning account for the refund process, ensuring that the refund mechanism aligns with the practical circumstances of the case. The appeal was scheduled for further hearing, indicating that the specific issues raised would be addressed comprehensively in the subsequent proceedings.