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2019 (7) TMI 1204 - HC - Central ExciseRefund in cash of CENVAT credit - Whether cash refund is permissible in terms of clause (c) to the proviso to section 11B(2) of the Central Excise Act, 1944 where an assessee is unable to utilize credit on inputs? - Whether by exercising power under Section 11B of the said Act of 1944, a refund of unutilized amount of Cenvat Credit on account of the closure of manufacturing activities can be granted? - Whether what is observed in UOI VERSUS SLOVAK INDIA TRADING CO. PVT. LTD. [2007 (1) TMI 556 - SC ORDER] can be read as a declaration of law under Article 141 of the Constitution of India? - HELD THAT:- Larger Bench of this Court in this case [2019 (6) TMI 820 - BOMBAY HIGH COURT] disposed of all the three questions referred to it by Division Bench of this Court by answering the same in favour of the Revenue and against the Assessee. In the above view, it is an admitted position before us substantial questions of law in Central Excise Appeal Nos.13 of 2007 and 257 of 2007 are answered in favour of the Revenue and against the Assessee.
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