Commissioner, Central Goods & Service Tax, Ghaziabad Versus M/s Swadeshi Polytex Ltd.
Central Excise
2019 (1) TMI 58 – CESTAT ALLAHABAD – TMI
CESTAT ALLAHABAD – AT
Dated:- 31-12-2018
APPEAL No. E/71140/2018-EX[SM] – FINAL ORDER NO. 72947/2018
Central Excise
Mr. Anil G. Shakkarwar, Member (Technical)
Shri Sandeep Kumar Singh (Deputy Commissioner) AR for Appellant
Shri Kapil Vaish (CA) for Respondent
ORDER
Per: Anil G. Shakkarwar
After hearing both the sides duly represented by Learned AR Shri Sandeep Kumar Singh, Deputy Commissioner on behalf of the Revenue and Learned Chartered Accountant Shri Kapil Vaish on behalf of the Respondent I note that in the present case application for refund of un-utilized Cenvat Cr
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s, 2004 to allow the refund of un-utilized Cenvat lying in Cenvat Account on closer of the factory. He has also submitted that Rule 5 of Cenvat Credit Rules does not allow refund of Cenvat Credit of Central Excise duty paid on capital goods.
3. On the contrary the learned Chartered Accountant for respondent has submitted that this Tribunal subsequent to the passing of Larger Bench's decision has held in the case of Commissioner of Central Excise vs. Jai Ganpati Metals (supra) that the decision by Hon'ble Karnataka High Court in the case of Slovak India Trading Co. Pvt. Ltd. reported at 2006 (201) E.L.T. 559 (Kar.) shall prevail over the decision of Larger Bench. He has further submitted that Hon'ble Karnataka High Court has ruled in the sa
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rtered Accountant on behalf of the respondent has submitted that relying on the said ruling of Hon'ble High Court of Karnataka this Tribunal allowed refund of un-utilized Cenvat Credit of Rs. 34,44,899/- on closer of manufacturing unit in the case of Commissioner of Central Excise and Service Tax, Noida vs. M/s Molex India Pvt. Ltd. through Final Order No. A/70142/2017-SM(BR) as reported at 2017 (3) TMI 294 – CESTAT Allahabad and further submitted that as stated by Revenue before Hon'ble Allahabad High Court in the case of M/s Modipon Ltd. in Central Appeal No.185 of 2015 that said Final Order passed by this Tribunal was accepted by Department on 20.08.2017 on merit and the Hon'ble Allahabad High Court has allowed appeal filed by M/s Modipo
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