https://www.taxtmi.com/caselaws?id=328605 Cash refund of unutilised transitional credit under Rule 57H of the erstwhile Central Excise Rules, 1944 was allowed where the credit remained blocked due to departmental objections for years and the assessee had moved out of the Modvat/Cenvat framework, making practical utilisation impossible. The reasoning applied the principle that transitional credit provisions should not be interpreted so as to defeat credit legitimately earned when the assessee was prevented from availing it for reasons not attributable to its fault. Although a contrary Larger Bench view was noted, the refund-favouring view supported by High Court authority was followed, and cash refund was held admissible. en-us Fri, 03 Jun 2016 00:00:00 +0530 Fri, 10 Feb 2017 18:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=328605 Cash refund of unutilised transitional credit under Rule 57H of the erstwhile Central Excise Rules, 1944 was allowed where the credit remained blocked due to departmental objections for years and the assessee had moved out of the Modvat/Cenvat framework, making practical utilisation impossible. The reasoning applied the principle that transitional credit provisions should not be interpreted so as to defeat credit legitimately earned when the assessee was prevented from availing it for reasons not attributable to its fault. Although a contrary Larger Bench view was noted, the refund-favouring view supported by High Court authority was followed, and cash refund was held admissible. Case-Laws Central Excise Fri, 03 Jun 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=328605