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2023 (8) TMI 243 - AT - Central ExciseRefund of accumulated CENVAT credit - Closure of factory - HELD THAT:- The Honourable High Court of Bombay in the case of Gauri Plasticulture Pvt. Ltd. [2019 (6) TMI 820 - BOMBAY HIGH COURT] had occasion to consider the very same issue. The decision of the Honourable High Court of Karnataka in the case of Union of India Vs Slovak India Trading Co. Pvt. Ltd. (Karnataka) [2006 (7) TMI 9 - KARNATAKA HIGH COURT] was referred to by the Honourable High Court. It was observed that the Division Bench of the Honourable High Court of Karnataka in the said case took a view that there is no express prohibition in Rule 5 to refund the unutilised CENVAT credit. The revenue filed an appeal against such decision before the Honourable Apex court, and on the basis of the representation made by ASG who appeared on behalf of the Union of India that in similar decisions passed by the Tribunal, the revenue had not filed any appeal, the Honourable Apex Court had dismissed the appeal filed by the revenue. Thus there was no declaration of law under Article 141 of the Constitution of India in the said case. After adverting to various decisions on the point the Hon’ble High Court of Bombay held that the refund cannot be granted. The facts being identical following the above decision, it is opined that the refund can not be allowed - appeal dismissed.
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