2007 (8) TMI 289

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....for the Respondent. [Order]. - On obtaining favourable orders-in-appeal Nos. 8-11/04 TRY (ADK) dated 22-1-2004, M/s. Madha Sree Aruna Chemicals, Kuthalam, became eligible for refund of Rs. 4,36,678.56. The appellants had paid Rs. 1,25,000/- Under TR 6 Challan and Rs. 3,11,679/- through debit entry in the Modvat credit account as adjudication levy. Disposing their refund application for conseque....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nputs being used in immediate products cleared for export, the assessee is not able to utilize the Cenvat credit. As per the grounds raised in the appeal, refund could be made in cash only when the final product is exported. Therefore, the impugned order directing refund of an amount of Rs. 3,11,679/-originally paid by the assessee from their modvat account in cash was illegal and the order had to....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mount of Rs. 3,11,679/- in the cenvat account when the assessee unit had ceased to function and the factory was closed. They had also surrendered the Central Excise registration certificate on 5-8-2004. In such a situation, the respondents is not in a position to utilize Modvat credit if the refund due to them is allowed by way of credit. I find that through a number of cases, for instance, CCE, B....