https://www.taxtmi.com/caselaws?id=373803 Under the Chewing Tobacco and Unmanufactured Tobacco Packing Machine Rules, 2010, unutilised Cenvat credit remaining on closure of a factory could not be denied as refund merely because the rules did not expressly repeat a refund clause. The Tribunal held that the credit scheme had to be read with its purpose and existing accrual of credit, and that subordinate legislation could not be construed so rigidly as to defeat the benefit already earned. Applying the principle that Cenvat credit is in the nature of duty paid, the refund rejection was set aside. en-us Wed, 28 Nov 2018 00:00:00 +0530 Fri, 06 Nov 2020 13:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=373803 Under the Chewing Tobacco and Unmanufactured Tobacco Packing Machine Rules, 2010, unutilised Cenvat credit remaining on closure of a factory could not be denied as refund merely because the rules did not expressly repeat a refund clause. The Tribunal held that the credit scheme had to be read with its purpose and existing accrual of credit, and that subordinate legislation could not be construed so rigidly as to defeat the benefit already earned. Applying the principle that Cenvat credit is in the nature of duty paid, the refund rejection was set aside. Case-Laws Central Excise Wed, 28 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=373803