[(2) If, on receipt of any such application, the Assistant 127[Principal Commissioner of Central Excise or Commissioner of Central Excise] 128[or Deputy 129[Principal Commissioner of Central Excise or Commissioner of Central Excise]] is satisfied that the whole or any part of the 130[duty of excise and interest, if any, paid on such duty] paid by the applicant is refundable, he may make an order accordingly and the amount so determined shall be credited to the Fund:Provided that the amount of 110[duty of excise and interest, if any, paid on such duty] as determined by the Assistant 131[Principal Commissioner of Central Excise or Commissioner of Central Excise] 132[or Deputy 133[Principal Commissioner of Central Excise or Commissioner of Central Excise]] under the foregoing provisions of this sub-section shall, instead of being credited to the Fund, be paid to the applicant, if such amount is relatable to(a)rebate of duty of excise on excisable goods exported out of India or on excisable materials used in the manufacture of goods which are exported out of India;(b)unspent advance deposits lying in balance in the applicant's account current maintained with the 134[Principal Commissioner of Central Excise or Commissioner of Central Excise];(c)refund of credit of duty paid on excisable goods used as inputs in accordance with the rules made, or any notification issued, under this Act;(d)the 135[duty of excise and interest, if any paid on such duty] paid by the manufacturer, if he had not passed on the incidence of such 136[duty and interest, if any, paid on such duty] to any other person;(e)the 111[duty of excise and interest, if any paid on such duty] borne by the buyer, if he had not passed on the incidence of such 129[duty and interest, if any, paid on such duty] to any other person;(f)the 111[duty of excise and interest, if any paid on such duty] borne by any other such class of applicants as the Central Government may, by notification in the Official Gazette, specify:Provided further that no notification under clause (f) of the first proviso shall be issued unless in the opinion of the Central Government the incidence of 137[duty and interest, if any, paid on such duty] has not been passed on by the persons concerned to any other person.(3)Notwithstanding anything to the contrary contained in any judgment, decree, order or direction of the Appellate Tribunal or any Court or in any other provision of this Act or the rules made thereunder or any other law for the time being in force, no refund shall be made except as provided in sub-section (2).(4)Every notification under clause (f) of the first proviso to sub-section (2) shall be laid before each House of Parliament, if it is sitting, as soon as may be after the issue of the notification, and, if it is not sitting, within seven days of its reassembly, and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the House of the People and if Parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder.(5)For the removal of doubts, it is hereby declared that any notification issued under clause (f) of the first proviso to sub-section (2), including any such notification approved or modified under sub-section (4), may be rescinded by the Central Government at any time by notification in the Official Gazette.]
