https://www.taxtmi.com/caselaws?id=54695 Cash refund is permissible where Modvat credit on duty-paid capital goods cannot be re-credited because the unit has been closed and the excise registration surrendered. The Tribunal noted that Rule 57S of the Central Excise Rules, 1944 did not expressly cover this situation, but it reflected the principle that credit should not be denied when entitlement exists and the assessee is unable to avail it for reasons beyond control. Following earlier Tribunal rulings, it held that the assessee was entitled to cash refund and rejected the Revenue's appeal. en-us Wed, 14 Dec 2005 00:00:00 +0530 Thu, 21 Oct 2010 15:37:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=54695 Cash refund is permissible where Modvat credit on duty-paid capital goods cannot be re-credited because the unit has been closed and the excise registration surrendered. The Tribunal noted that Rule 57S of the Central Excise Rules, 1944 did not expressly cover this situation, but it reflected the principle that credit should not be denied when entitlement exists and the assessee is unable to avail it for reasons beyond control. Following earlier Tribunal rulings, it held that the assessee was entitled to cash refund and rejected the Revenue's appeal. Case-Laws Central Excise Wed, 14 Dec 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=54695