https://www.taxtmi.com/caselaws?id=344910 Duty discharged by debits in the CENVAT credit account, after the underlying demand was set aside, was held refundable in cash under Section 11B(2)(c) of the Central Excise Act, 1944. The Court reasoned that the amount was not unutilized credit but duty already paid, and re-credit would be ineffective where the final product was no longer dutiable. The refund claim could not be denied by treating the debit entries as unutilized credit or by invoking inapplicable CENVAT Credit Rules, including Rule 5, because the operative statutory basis was Section 11B(2)(c). The assessee was therefore entitled to cash refund rather than mere re-credit. en-us Mon, 05 Jun 2017 00:00:00 +0530 Tue, 13 Feb 2018 13:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=344910 Duty discharged by debits in the CENVAT credit account, after the underlying demand was set aside, was held refundable in cash under Section 11B(2)(c) of the Central Excise Act, 1944. The Court reasoned that the amount was not unutilized credit but duty already paid, and re-credit would be ineffective where the final product was no longer dutiable. The refund claim could not be denied by treating the debit entries as unutilized credit or by invoking inapplicable CENVAT Credit Rules, including Rule 5, because the operative statutory basis was Section 11B(2)(c). The assessee was therefore entitled to cash refund rather than mere re-credit. Case-Laws Central Excise Mon, 05 Jun 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=344910