https://www.taxtmi.com/caselaws?id=381743 The Bombay HC ruled against the assessee regarding cash refund of unutilized Cenvat Credit on inputs under section 11B(2) of the Central Excise Act, 1944. The court held that refund of credit duty paid on excisable goods used as inputs is only permissible when such goods are used in accordance with prescribed rules. If excisable goods are not used as inputs per the rules, no refund is available. The transitional provision allowing carry-forward of unutilized Cenvat Credit does not entitle cash refunds. The court emphasized that section 11B(1) requires proper application with documentary evidence establishing duty collection and non-passing of incidence to others. The HC answered the legal questions in favor of Revenue and clarified that the Supreme Court's Slovak India decision cannot be read as declaration of law under Article 141 of the Constitution. en-us Fri, 14 Jun 2019 00:00:00 +0530 Mon, 21 Jul 2025 11:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=381743 The Bombay HC ruled against the assessee regarding cash refund of unutilized Cenvat Credit on inputs under section 11B(2) of the Central Excise Act, 1944. The court held that refund of credit duty paid on excisable goods used as inputs is only permissible when such goods are used in accordance with prescribed rules. If excisable goods are not used as inputs per the rules, no refund is available. The transitional provision allowing carry-forward of unutilized Cenvat Credit does not entitle cash refunds. The court emphasized that section 11B(1) requires proper application with documentary evidence establishing duty collection and non-passing of incidence to others. The HC answered the legal questions in favor of Revenue and clarified that the Supreme Court's Slovak India decision cannot be read as declaration of law under Article 141 of the Constitution. Case-Laws Central Excise Fri, 14 Jun 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=381743