2008 (7) TMI 247 - AT - Central Excise

Tribunal grants PLA refund, denies CENVAT cash refund under Rule 5

The Tribunal ruled that the appellants were entitled to a refund of the PLA balance post-adjustment following the exemption of textile fibres from ... Claim for cash refund of PLA balance under the head AED (T&TA) & in CENVAT account- refund is authorized in respect of credit relating to the inputs used in the final products which are cleared for export under bond & the CENVAT credit in respect of the inputs so used cannot be utilized by the manufacturer for clearing the final products in DTA - held that except in the case of export of goods, in no other case refund of credit is permissible under the rules in cash/cheque – appeal dismissed Issues:Refund of PLA balance and CENVAT credit balance under head (T&TA) after exemption of textile fibres from Additional Excise Duty (AED) with effect from 9-7-2004.Analysis:1. The appellants sought a refund of the PLA balance under the head AED (T&TA) and the CENVAT credit account balance after becoming eligible due to the exemption on textile fibres from AED. The lower authorities denied the CENVAT account balance refund, citing Rule 5 of the CENVAT Credit Rules, 2004 (CCR), and adjusted the PLA balance against an interest demand. The Commissioner (Appeals) remanded the question of PLA balance refund for quantification based on previous orders. The Tribunal noted that the interest issue was settled, and the PLA balance should be refunded post-adjustment.2. The appeal challenged the denial of CENVAT credit balance refund under Rule 5 of the CCR, arguing that the rule allows refunds for unused balances for any reason. The JCDR supported the denial, referencing a precedent where cash refunds were only allowed for export-related credit. The Tribunal found that Rule 5 permits refunds for inputs used in exported final products, not for domestic clearance. Thus, the claim for cash refund of the CENVAT credit balance was dismissed.3. The Tribunal concluded that the appellants were entitled to the PLA balance refund post-adjustment, as the interest issue was resolved. However, the claim for cash refund of the CENVAT credit balance was rejected based on Rule 5 of the CCR. The appeal was disposed of accordingly.This judgment clarifies the criteria for refunding PLA and CENVAT credit balances post-exemption from AED, emphasizing the limitations on cash refunds under Rule 5 of the CCR for non-export-related credit balances.