2009 (7) TMI 1134

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... this appeal against order of the Commissioner (Appeals) whereby it has been held that the respondents are entitled to refund of unutilized credit of Rs. 4,98,588/- in cash. 2. Relevant facts of the case, in brief, are that the respondents filed a refund claim of pre-deposit amounting to Rs. 6,58,588/-. The original authority sanctioned the refund claim and the amount of Rs. 4,98,588/- was allowe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e of Nahar Industrial Enterprises Ltd. v. UOI, reported in 2009 (91) RLT 212 (P&H). He further submits that the Larger Bench of the Tribunal in the case of Gauri Plasticulture (P) Ltd. v. CCE, Indore, reported in 2006 (202) E.L.T. 199 (Tri.-Mum.) held that if the assessee is maintaining Modvat credit and is in a position to use the same in future clearances, it should be normally credited back in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f the Hon'ble Karnataka High Court in the case of UOI v. Slovak India Trading Co. Pvt. Ltd., reported in 2006 (201) E.L.T. 559 (Kar.) held that the assessee's factory is closed and surrendered their central excise registration and the Cenvat credit would be refunded in cash. I find that the Commissioner (Appeals) also allowed the refund in cash following the decision of the Hon'ble Karnataka High .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X