High Court Punjab-Haryana High Court

M/S Rama Industries Ltd vs Commissioner Of Central Excise on 10 February, 2009

Punjab-Haryana High Court
M/S Rama Industries Ltd vs Commissioner Of Central Excise on 10 February, 2009
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH

                            C.E.A. No. 15 of 2009

                   DATE OF DECISION: February 10, 2009

M/s Rama Industries Ltd.

                                                                    ...Appellant

                                    Versus

Commissioner of Central Excise, Chandigarh

                                                               ...Respondent

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR

             HON'BLE MR. JUSTICE H.S. BHALLA

Present:     Mr. Jagmohan Bansal, Advocate,
             for the appellant.

             Mr. Sanjeev Kaushik, Central Govt. Sr. Counsel,
             for the respondent.

1.    Whether Reporters of local papers may be
      allowed to see the judgment?
2.    To be referred to the Reporters or not?
3.    Whether the judgment should be reported in
      the Digest?


M.M. KUMAR, J.

This is an appeal directed against order dated 17.10.2008 (P-4),

passed by the Customs Excise and Service Tax Appellate Tribunal, New

Delhi (for brevity, ‘the Tribunal’) holding that the appellant cannot be given

the refund in cash from Cenvat credit account. Learned counsel for the

appellant has urged that the following substantial questions of law would

arise for determination of this Court:-

“a) Whether refund in cash of Cenvat credit can be allowed

in case of closure of the manufacturing unit?
C.E.A. No. 15 of 2009 2

b) Whether impugned order of the Tribunal is justified in

view of judgment of Karnataka High Court in the case of

Union of India v. Slovak India Trading Co. Pvt. Ltd.,

2006 (2001) E.L.T. 559 (Kar.)?”

We have heard learned counsel for the parties and have perused

the paper book with their able assistance. The matter is covered against the

revenue by the Division Bench judgment of Karnataka High Court in the

case of Union of India v. Slovak India Trading Co. Pvt. Ltd., 2006

(2001) E.L.T. 559 (Kar.), wherei

n it has been held that Rule 5 of Cenvat Credit Rules, 2002 (for brevity, ‘the

Rules’) in terms does not prohibit refund in cash of Cenvat credit. On a

further appeal against the aforesaid judgment of the Division Bench to the

Supreme Court, Special Leave Petition has been dismissed by holding that

the revenue did not file any appeal against many such orders passed by

Tribunals at Delhi and Mumbai. The Tribunal at Delhi has passed one such

order in the case of Eicher Tractors v. CCE, Hyderabad, 2002 (147)

E.L.T. 457 (Tri.-Del.), whereas the Tribunal at Mumbai had passed three

such orders, namely, Shree Prakash Textiles (Guj.) Ltd. v. CCE,

Ahmedabad, 2004 (169) E.L.T. 162 (Tri.-Mumbai); CCE, Ahmedabad

v. Babu Textile Industries, 2003 (158) E.L.T. 215 (Tri.-Mumbai); and

CCE, Ahmedabad v. Arcoy Industries, 2004 (170) E.L.T. 507 (Tri.-

Mumbai). The Tribunals in all the aforementioned cases have held that the

assessee is entitled to refund in cash of the amount deposited if the assessee

has gone out of the Modvat Scheme or his unit is closed. The Supreme

Court has considered all the aforementioned decisions. Before the Supreme

Court it was conceded by the revenue that no appeal had been filed against
C.E.A. No. 15 of 2009 3

the orders of the Tribunal. Therefore, the order of the Division Bench of

Karnataka High Court was upheld.

In view of the above, both the questions of law raised by the

learned counsel for the appellant deserves to be answered in favour of the

assessee and against the revenue.




                                              (M.M. KUMAR)
                                                 JUDGE




                                              (H.S. BHALLA)
February 10, 2009                                 JUDGE
Pkapoor