2006 (2) TMI 461

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.... Shri Rajesh Chhiber, Advocate, for the Respondent. [Order]. -  Heard both sides and perused the records. 2. The appeal of the Revenue is directed against the order of the Commissioner, that refund due should be paid to the assessee not as Modvat credit: but in cash. 3. The facts of the case are that, during an investigation, the respondent-assessee deposited Rs. 7 Lakh....

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....y opportunity to plead their case for refund of the amount in cash and in the form of Cenvat Credit. The appellants are not in a position to utilise the credit already lying in their Cenvat Account and have surrendered the registration certificate on 23-9-2003. Therefore, I am of the considered view that sanctioning of refund by allowing re-credit in their Cenvat Account would not be in fair play ....