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2018 (6) TMI 637 - AT - Central ExciseRefund of unutilized CENVAT credit - closure of factory / cancellation of registration - Held that:- Rule 10 provides for transfer of CENVAT credit in case of transfer of ownership or shift of factory etc. - In the present case, as per the business scheme change agreement entered into between the parties, there is no terms and conditions in respect of transfer of CENVAT credit to M/s. RNAIPL. The appellant has submitted that the liabilities are retained by the appellant. They have surrendered the registration and undisputedly they have become non-functional with effect from 10.4.2012. Thus they have ceased to be manufacturer of cars with effect from 10.4.2012 due to closure of unit / surrender of Central Excise registration - A similar situation was analyzed by the Hon’ble High Court of Karnataka in the case of Union of India Vs. Slovak India Trading Co. Pvt. Ltd. [2006 (7) TMI 9 - KARNATAKA HIGH COURT], where the refund claim was allowed. The appellant is eligible for refund of the balance CENVAT credit when the appellant ceases to be a manufacturer due to closure of factory - appeal allowed - decided in favor of appellant.
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