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2022 (3) TMI 1317 - AT - Central ExciseRefund for unutilised Cenvat Credit - closure of the factory - HELD THAT:- The jurisdictional High Court has already held that on closure of the factory the assessees are entitled for refund claim lying unutilised in their Cenvat Credit Account. In case of MODIPON LTD. VERSUS COMMISSIONER [2015 (8) TMI 1545 - ALLAHABAD HIGH COURT] although the said order has been challenged by the Revenue before the Hon’ble Apex Court but no stay has been granted by the Hon’ble Apex Court. In that circumstances, relying on the decision in the case of PRINCIPAL COMMISSIONER OF C. EX., DELHI-I VERSUS SPACE TELELINK LTD. [2017 (3) TMI 1599 - DELHI HIGH COURT], the Hon’ble Delhi High Court has held that unless and until the order is set aside the sanctity of the order remains. The appellant is entitled for refund claim lying unutilised in their Cenvat Credit account on closure of the factory - appeal allowed - decided in favor of appellant.
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