2018 (8) TMI 794 – GUJARAT HIGH COURT – TMI – Refund of unutilized Cenvat Credit – Credit was accumulated due to disproportionate rate of duty on inputs and final products availed at the time of surrender of Central Excise Registration.
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Revenue has fairly conceded that the issue involved in the present Appeal is squarely covered against the revenue in view of the decision of the Hon’ble Supreme Court in Union of India Vs. M/s Slovak India Trading Co. Pvt. Ltd [2007 (1) TMI 556 – SUPREME COURT] – In the aforesaid decision, it is specifically observed and held that the dealer shall be entitled to the refund of unutilized Cenvat Credit on closure of factory.
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No substantial question of law arises in the present Appeal – appeal dism
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api [2017 (346) ELT 413 (Tri.Ahmd)], was not accepted by the department and an appeal has been filed before Hon ble High Court of Bombay bearing Appeal No.CEXA/29/2015, which is still pending decision? (b) Whether the CESTAT is right in law, in allowing refund of unutilized Cenvat Credit accumulated due to disproportionate rate of duty on inputs and final products availed at the time of surrender of Central Excise Registration? 2. Today, when the present Appeal is taken up for further hearing, Shri Nirzar Desai, learned advocate appearing on behalf of the revenue has fairly conceded that the issue involved in the present Appeal is squarely covered against the revenue in view of the decision of the Karnataka High Court in the case of Union o
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