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2015 (10) TMI 1326 - CESTAT NEW DELHI

2015 (10) TMI 1326 - CESTAT NEW DELHI - 2015 (322) E.L.T. 730 (Tri. - Del.) - Denial of refund claim - Utilized CENVAT Credit - Rule 5 of Cenvat Credit Rules, 2004 read with Section 11B of Central Excise Act, 1944 - Held that:- In the case of Steel Strips, Larger Bench of this Tribunal although reference made to the decision of Slovak India Trading Co. Pvt. Ltd. (2006 (7) TMI 9 - HIGH COURT OF KARNATAKA (BANGALORE)) but have not discussed the said decision. That decision is not applicable to the .....

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(Appeals). - Decided against Revenue. - E/2943/2011-EX(SM) - Final Order No. A/50819/2015-EX(SM)(BR) - Dated:- 4-3-2015 - Shri Ashok Jindal, Member (J) Shri R.K. Mishra, AR, for the Appellant. Shri Raj Kumar, CA, Advocate, for the Respondent. ORDER The Revenue is in appeal against the impugned order wherein the Commissioner (Appeals) has allowed the cash refund of unutilized credit lying in Cenvat account on closure of their factory under Rule 5 of Cenvat Credit Rules, 2004 read with Section 11B .....

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a High Court in the case of Slovak India Trading Co. Pvt. Ltd. - 2006 (201) E.L.T. 559 (Kar.) = 2008 (10) S.T.R. 101 (Kar.) wherein Hon ble Karnataka High Court has framed the following three issues :- (a) Whether under the facts and circumstances of the case the Tribunal is right in ordering for refund even if there is no provision in Rule 5 of Cenvat Credit Rules, 2002, to refund the unutilized credit? (b) Whether under the facts and circumstances of the case the Tribunal is right in ordering .....

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