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2018 (5) TMI 1447 - AT - Central ExciseRefund of accumulted CENVAT credit - rejection of the claim under the provisions of Section 11B, as the appellant have failed to furnish requisite details and documents to justify the claim under N/N. 05/2006-CE (NT) dated 14.03.2006 issued under Rule 5 of CCR 2004 - Held that: - this issue is no more res integra and has been settled by the Hon'ble High Court of Karnataka in the case of Slovak India Trading Co. Pvt. Ltd. [2006 (7) TMI 9 - KARNATAKA HIGH COURT], where it was held that Assessee made claim for unutilized credit when there was no manufacture in the light of closure of factory and he has come out of Modvat scheme. Refund of credit is admissible - the impugned order is not sustainable in law and the same is set aside subject to furnishing the proof of closure of business by the appellant - appeal disposed off.
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