2019 (1) TMI 58 – CESTAT ALLAHABAD – TMI – Refund of un-utilized Cenvat Credit lying balance on closure of factory – Held that:- It was held in the case of Gauri Plasticulture [2006 (8) TMI 225 – CESTAT, MUMBAI] that whenever assessee was unable to utilize the credit on account of objection raised by the Department and paid duty in cash, they would be entitled to refund of credit in cash – decided in favour of assessee – appeal dismissed – decided against Revenue. – APPEAL No. E/71140/2018-EX[SM] – FINAL ORDER NO. 72947/2018 – Dated:- 31-12-2018 – 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 th
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t learned AR for Revenue is relying on Larger Bench Decision in the case of Steel Strips vs. Commissioner of Central Excise, Ludhiana reported at 2011 (269) E.L.T. 257 (Tri.-LB) wherein this Tribunal has held that there is no provision under Rule 5 of Cenvat Credit Rules, 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)
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ure (supra) that whenever assessee was unable to utilize the credit on account of objection raised by the Department and paid duty in cash, they would be entitled to refund of credit in cash on the dispute being ultimately settled in favour of assessee. The learned Chartered 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 ₹ 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
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