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2016 (6) TMI 673 - AT - Central ExciseRefund of CENVAT credit remaining unutilized - closure of the unit - Held that:- When the credit is not questioned as ungenuine and there is no circumstance brought out by Revenue that there is a possibility to utilize the credit and also there being no law to carry forward such credit for future or to transfer the same to others, in such circumstance, it may be considered that the duty element paid by the assessee to the treasury shall serve no useful purpose of the taxpayer in the event of closure of the unit or impossibility of adjustment. The State should not be enriched at the cost of the citizen in such circumstance. In the result, appeal is allowed and refund is admissible.
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