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2015 (10) TMI 1326 - AT - Central ExciseDenial of refund claim - Utilized CENVAT Credit - Rule 5 of Cenvat Credit Rules, 2004 read with Section 11B of Central Excise Act, 1944 - Held that:- In the case of Steel Strips, Larger Bench of this Tribunal although reference made to the decision of Slovak India Trading Co. Pvt. Ltd. (2006 (7) TMI 9 - HIGH COURT OF KARNATAKA (BANGALORE)) but have not discussed the said decision. That decision is not applicable to the facts of case of Slovak India Trading Co. Pvt. Ltd. Further, I find that the decision of Hon’ble Karnataka High Court shall prevail over the decision of the Tribunal. In these circumstances, following the decision of Hon’ble Karnataka High Court in Slovak India Trading Co. Pvt. Ltd. (supra), I hold that the respondent is entitled to get refund lying unutilized in their Cenvat credit account on the closure of their factory. Therefore, I do not find any infirmity in the order of the Commissioner (Appeals). - Decided against Revenue.
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