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2017 (5) TMI 1021 - HC - Central ExciseRefund of cenvat credit - Duty under protest - closer of factory - Held that: - Taking into consideration, the Rule 5 of the CENVAT Credit Rules 2002, we are of the view that the Tribunal was not correct while relying upon the judgment of the Larger Bench in Gauri Plasticculture (P) Ltd. [2006 (8) TMI 225 - CESTAT, MUMBAI] as Rule 5 in no way prohibits the payment of the refund amount in cash and more particularly when after a proper adjudication of matter an amount of ₹ 63,001/- is said to have been sanctioned in favour of assessee (appellant) and the factum of their manufacturing unit having been closed, we are of the considered opinion that the present appeal deserves acceptance, the same is, therefore, allowed - Decided in favor of the assessee.
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