2018 (5) TMI 1509

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....d both the sides. 2. This appeal is filed against order in appeal No. CCESA-SRT-(APPEAL)/PS-186/2017-18 passed by the Commissioner of Central Excise (Appeals) Surat. The short issue involved in the present appeal is whether the appellant are entitled to cash refund of Rs. 4,00,000/-, which was allowed by the adjudicating authority in the form of CENVAT Credit. 3. Ld. Consultant Sh. Gheewala for ....

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....7 dated 16/11/2017. 4. Ld. AR for the Revenue, on the other hand, referring to the judgment of Larger Bench of this Tribunal in the case of Steel Strips vs CCE, Ludhiana 2011 (269) ELT 257 (Tri. LB), submits that CENVAT Credit in cash cannot be allowed except the circumstances laid down under the CENVAT Credit Rules, 2004. Further, he submits that the judgment of the Larger Bench of this Tribunal....

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....o make refund in other cases that is permissible. Refund results in outflow from treasury, which needs sanction of law and an order of refund for such purpose is sine qua non. Law has only recognized the event of export of goods for refund of Modvat credit as has been rightly pleaded by Revenue and present reference is neither the case of "otherwise due" of the refund nor the case of exported good....