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2018 (4) TMI 1233 - BOMBAY HIGH COURTCash Refund of unutilized CENVAT credit - closure of factory and surrendered registration certificate - Section 11B of CEA - the view taken by the Division Bench of this Court in the case of the COMMISSIONER OF C. EX., NASIK Versus JAIN VANGUARD POLYBUTLENE LTD. [2010 (6) TMI 171 - BOMBAY HIGH COURT], not agreed upon, where it was held that revenue cannot be allowed to take different view when question raised identical to previous case. - It will be more appropriate if the questions are considered by the larger bench - Matter referred to Larger Bench to decide the issue: - (a) Whether cash refund is permissible in terms of clause (c) to the proviso to section 11B(2) of the Central Excise Act, 1944 where an assessee is unable to utilize credit on inputs? - (b) Whether by exercising power under Section 11B of the said Act of 1944, a refund of unutilized amount of Cenvat Credit on account of the closure of manufacturing activities can be granted - (c) Whether what is observed in the order dated 25th January 2007 passed by the Apex Court in Petition for Special Leave to Appeal (Civil) No. CC 476 of 2007 (Union of India vs Slovak India Trading Company Pvt Ltd) can be read as a declaration of law under Article 141 of the Constitution of India? Matter referred to Larger Bench.
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