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of <h1>Appeal under Section 35G of Central Excise Act dismissed; assessee entitled to refund; no fraud found.</h1> <h3>COMMR. OF C. EX., LUDHIANA Versus MALWA COTTON SPINNING MILLS LTD.</h3> The High Court of Punjab & Haryana dismissed an appeal under Section 35G of the Central Excise Act, 1944, regarding refund of credit, holding that the ... Tribunal holding that assessee was entitled to avail the refund of the credit and, therefore, the provisions of Rule 16 of the Cenvat Credit Rules, 2004 read with Section 11A of the Act would not be attracted. - the assessee, on 27-11-2004, has credited its account by availing the refund. On the objection raised by audit, respondent debited its amount on 26-9-2005. However, the Assistant Commissioner allowed the refund in their RG-23A Part-II Account. - it cannot be concluded that there was any fraud, mis-statement, collusion, suppression of facts or violation of any provisions. The refund was, in fact, permissible and the only procedural lapse was committed by the dealer-respondent. Even otherwise, the view taken by the Tribunal is based on finding of fact and we cannot, in an appeal under Section 35(G) of the Act, re-appreciate the evidence and conclude that the finding of fact is incorrect so the appeal can only be maintained on the substantial question of law The High Court of Punjab & Haryana dismissed an appeal under Section 35G of the Central Excise Act, 1944, regarding refund of credit. The Court held that the assessee was entitled to the refund, and no fraud or violation was found. The appeal was dismissed as there was no merit in it.
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