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2018 (12) TMI 1176 - AT - Central ExciseRefund of unutilized CENVAT Credit - inputs/capital goods - manufacture of Rectified Spirit/Denatured Spirit and Fusel Oil - rule 5 of CCR - Held that:- Identical issue came up before Hon’ble High Court of Rajasthan in the case of Welcure Drugs & Pharmaceuticals Limited [2018 (8) TMI 1169 - RAJASTHAN HIGH COURT] wherein their Lordships after analysing all the decisions on the issue and considering the provisions of Rule 5 of CENVAT credit Rules 2004 has held that Tribunal is fully justified in ordering refund particularly in the light of the closure of the factory and in the light or the assessee coming out of the Modvat Scheme. Refund allowed - appeal dismissed - decided against Revenue.
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