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Rule 5 of Cenvat Credit Rules Allows Cash Refunds; Section 11B of Central Excise Act Does Not Permit It.

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....Refund of unutilized Cenvat credit - Other than Rule 5 of Cenvat Credit Rules, there is no other provision either in Cenvat Credit Rules, 2004 or in Central Excise Rules, 2002 for giving cash refund of the accumulated Cenvat credit. Even Section 11B of Central Excise Act is only for the refund of duty paid either through cash or through Cenvat credit or for the Cenvat credit wrongly reversed. Hence, this section cannot be invoked in cash refund of the unutilized Cenvat credit lying in the Cenvat account of the manufacturer at the time of closure of the factory. - AT....

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Rule 5 of Cenvat Credit Rules Allows Cash Refunds; Section 11B of Central Excise Act Does Not Permit It.