2014 (7) TMI 525

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.... This appeal has been filed against OIA No.33/2007 (Ahd-II) CE/Raju/Commr (A) dated 28.03.2007 under which appeal of the appellant was rejected by upholding that cash refund is not admissible to the appellant for an amount which was originally paid from RG-23 Part-II. 2. Shri Dhaval Shah (Advocate) appearing on behalf of the appellant argued that cash refund of payments made from RG-23 Part I....

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....y Larger Bench of CESTAT Delhi in the case of Steel Strips vs. CCE, Ludhiana [2012 (26) STR 27 (Tri. Larger Bench). It was his case that the ratio of the law laid down by the Larger Bench in the case of Steel Strips vs. CCE Ludhiana (supra) is squarely applicable to the facts of the present case and appeal filed by the appellant is required to be rejected. 4. Heard both sides and perused the ca....

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....Ludhiana (supra) laid the following law in Para 5.16:-     "5.16 Modvat law has codified procedure for adjustment of duty liability against Modvat Account. That is required to be carried out in accordance with law and unadjusted amount is not expressly permitted to be refunded. In absence of express provision to grant refund, that is difficult to entertain except in the case of e....

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....efund of unutilized credit is only permissible in case of export of goods and for no other reason whatsoever that may be. As has been stated earlier that equity, justice and good conscience are the guiding factors for Civil Courts, no fiscal Courts are governed by these concepts, the present reference is bound to be answered in favour of Revenue and it is answered accordingly." 5. In view of th....