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2008 (8) TMI 588 - CESTAT, BANGALORE
Cash refund - Cenvat credit on capital goods - Rule 5 of the Cenvat Credit Rules - the respondents closed the unit, as the unit is closed they would not be in a position to utilize the Cenvat credit - there is plethora of case-laws which hold that when the amount lying in the Cenvat account cannot be utilized then the assessees are entitled for cash refund - The amount lying unutilized on account of the closure of the factory in the Cenvat credit should be refunded - Decided in favor of the assessee