2015 (9) TMI 1693

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....t. Shri Sandeep Sharma, Senior Advocate with Prashant Sharma, Advocate, for the Respondent. ORDER [Order per : Sanjay Karol, J.]. - The appeal stands admitted on the following substantial questions of law : (1)     Whether the Tribunal is right in holding that the appellant is not entitled for refund in cash even if it goes out of Modvat scheme? (2)&n....

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....products cleared for export, or used in providing output service which is exported, the Cenvat credit in respect of the input or input service so used shall be allowed to be utilized by the manufacturer or provider of output service towards payment of, (i)      duty of excise on any final products cleared for home consumption or for export on payment of duty; or ....

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....dly towards service tax and only if, for any reason, such adjustment is not possible, refund is allowed. The third option is an exception to the rule. Only and only if the first two options cannot be exercised, the third option can be resorted to. 5. In the instant case, as is so stated by Mr. Sandeep Sharma, Learned Senior Counsel, no notification also stands issued by the Central Governm....