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2011 (9) TMI 964 - HC - CustomsRefund claim - Rule 5 of the CCR, 2004 - credit remain unutilized and operations wound up and also registration certificate was cancelled - Held that: - On a true and fair construction of the provision as well, the Rule entitles the manufacturer to refund of the Cenvat Credit where for any reason such adjustment is not possible, the manufacturer shall be allowed refund of such amount subject to such safeguards, conditions and limitations as may be specified by the Central Government by notification - No notification of the Central Government setting out safeguards, conditions and limitations for the refund, in case of closure of the unit has been placed on record either before the Appellate Authority, the further Appellate Authority, the Tribunal or even before us - appeal dismissed - decided against Revenue.
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