2002 (9) TMI 639

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....nt. [Order]. - The dispute in the present appeal relates to the refund of duty of Rs. 41,128.50 (Rupees forty-one thousand one hundred and twenty-eight). As per the facts on record, the appellants were working under the Modvat scheme and the said amount was lying in their records maintained under Modvat Account on capital goods in the shape of RG 23C Part II. A dispute arose between the appella....

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.... the assessee, stood lapsed with effect from 1-8-1997. The appellants are aggrieved with the fact that the refund has been allowed in their dead unutilised RG 23C Part-II. They filed an appeal against the order of the Deputy Commissioner of Central Excise before the Commissioner (Appeals) who rejected the same. Hence the present appeal. 3. Shri P.K. Das, learned Advocate for the appellants s....

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....eady earned by the appellants was debited by them from RG 23C Part II on 31-7-1997 i.e. one day prior to the lapse of the same. If the appellants would not have debited the same, the entire amount would have lapsed on the next day. As such, the amount cannot be refunded to the appellants in cash resulting in undue benefit to them. He submits that the authorities have rightly granted refund of the ....