2016 (1) TMI 1318

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....han, Advocate For the Revenue : J. Nagori, Authorised Representative ORDER P. K. Das (Judicial Member) Common issue involved in these appeals and therefore both are taken up together for disposal. 2. After hearing both the sides and on perusal of the records, we find that the appellants were engaged in the manufacture of Texturised Yarn. They opted benefit of the exemption Notification No 30/....

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....reme Court as reported in 2008(223)ELT.A170(SC). He further submits that the Division Bench of the Tribunal in the case of Raymonds Ltd vs CCE, Mumbai III 2011(273)ELT.582 (Tri. Mum) allowed the appeal on the identical issue following the decision of the Honble Karnataka High Court. 4. The Ld Authorised Representative for the Revenue submits that the Larger Bench of the Tribunal in the case of St....

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.... in June, 2007 and at that time there was Cenvat credit balance of Rs. 2,35,86,612/- in their RG 23A Part-I and RT-23C pt. II account. In the appellants application dated 27-11-2007, cash refund of the above Cenvat credit is sought by invoking Section 11B(2)(C). In our view, Section 11B is only for the refund of the duty paid either through cash or through Cenvat credit or of the Cenvat credit wro....

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....r by another person, and resuming production, Rule 10 permits the transfer of Cenvat credit to the new owner subject to certain conditions. But there is no provision for cash refund of such unutilized credit. 7. Rule 5 of the Cenvat credit rules permits cash refund of accumulated Cenvat credit only in the following circumstances :- (1) The Cenvat credit which has accumulated and whose cash ref....