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    <title>2012 (12) TMI 258 - CESTAT, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=219243</link>
    <description>Cash refund of accumulated unutilized Cenvat credit was held inadmissible where the assessee had transferred its unit and the credit stood moved to the transferee unit. The tribunal reasoned that Modvat/Cenvat credit does not confer a general right to cash refund; such refund is available only where the statute expressly permits it. In the absence of express authorisation, a cash refund would amount to an impermissible outflow from the treasury. The alternative plea for refund to the transferee unit also failed because that unit had not made a claim before the authorities. The claim was rejected.</description>
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    <pubDate>Fri, 30 Mar 2012 00:00:00 +0530</pubDate>
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      <title>2012 (12) TMI 258 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=219243</link>
      <description>Cash refund of accumulated unutilized Cenvat credit was held inadmissible where the assessee had transferred its unit and the credit stood moved to the transferee unit. The tribunal reasoned that Modvat/Cenvat credit does not confer a general right to cash refund; such refund is available only where the statute expressly permits it. In the absence of express authorisation, a cash refund would amount to an impermissible outflow from the treasury. The alternative plea for refund to the transferee unit also failed because that unit had not made a claim before the authorities. The claim was rejected.</description>
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      <pubDate>Fri, 30 Mar 2012 00:00:00 +0530</pubDate>
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