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2018 (4) TMI 1455 - AT - Central ExciseCash refund of un-utilised credit balance - closure of factory - Held that: - Since, the appellant had lawfully earned the Cenvat credit and due to closure of the factory, is not in a position to utilise the same now, such pre-deposited amount, should be refunded to it in cash - the decision in the case of M/s. Shalu Synthetics Private Limited Versus CCE. & ST. Vapi [2014 (6) TMI 343 - CESTAT AHMEDABAD] squarely applies to the case, where it was held that in case of closure of factory, the assessee should be allowed for cash refund of the un-utilised credit balance available in the books of account. Appellant is entitled for refund in cash - appeal allowed - decided in favor of appellant.
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