2005 (10) TMI 157

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....ich had been paid from Cenvat account. They only permitted the party to take credit of the above amount in their Cenvat account. The present appeal filed by the party is for cash refund of the above amount. 2. After examining the records and hearing both sides, I find that the assessee's factory was closed on 1-4-2003, a fact noted by the lower appellate authority. Hence they were not in a....

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....e cases seems to be that, where it is impossible for a claimant of cash refund of duty paid from Modvat/Cenvat account, to utilize any credit allowed in lieu of cash refund, the claimant is entitled to cash refund. However, in my considered view, the expression "impossible" should be understood as "impossible in law and practice". To meet this requirement, the claimant should not only have closed ....