https://www.taxtmi.com/caselaws?id=50086 Modvat credit was treated as duty credit on inputs, and the refund framework under Section 11B of the Central Excise Act was read to cover such credit. Where the assessee was prevented, without fault, from utilising the credit for duty payment because of departmental action and the final product had ceased to attract duty, a mere paper credit would defeat the scheme's intended relief. Earlier Tribunal rulings were followed to permit cash or cheque refund in such circumstances, with the non-payment rule confined to cases where utilisation remained possible. Cash refund of the Modvat credit was therefore held permissible. en-us Tue, 17 Oct 2000 00:00:00 +0530 Thu, 19 Aug 2010 16:47:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=50086 Modvat credit was treated as duty credit on inputs, and the refund framework under Section 11B of the Central Excise Act was read to cover such credit. Where the assessee was prevented, without fault, from utilising the credit for duty payment because of departmental action and the final product had ceased to attract duty, a mere paper credit would defeat the scheme's intended relief. Earlier Tribunal rulings were followed to permit cash or cheque refund in such circumstances, with the non-payment rule confined to cases where utilisation remained possible. Cash refund of the Modvat credit was therefore held permissible. Case-Laws Central Excise Tue, 17 Oct 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=50086