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2019 (4) TMI 436 - AT - Central ExciseRefund of unutilized CENVAT Credit - closure of unit - refund rejected on the ground that the claimant failed to demonstrate that unutilised cenvat credit was in respect of inputs or input services used for manufacture of final products exported by them or intermediate products used for exports - Rule 5 of CCR, 2004 - Held that:- Once the factory was closed there was no scope of utilising the credit so accumulated. The respondent has cited plethora of judgments of Hon’ble High Courts and Apex Court in addition to the various Tribunal’s Order wherein the refund of accumulated cenvat stands allowed. Also in the present case, one of the reason for accumulation of credit was due to payment of duty in cash and imposition of additional SAD of 4% - appeal dismissed - decided against Revenue.
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