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CENVAT service and closure of the Company

Service Tax - Started By: - Ametek Instruments India Private Limited - Dated:- 2-11-2015 Last Replied Date:- 9-11-2015 - Whether the balance in CENVAT service tax account is refundable if we close the company? if yes, is there any time limit applicable and what is the procedure to be followed.The company was carrying on domestic business and not an STPI or EOU unit.ThanksAjith - Reply By Rajagopalan Ranganathan - The Reply = Sir,When you close down your company and business, the department will .....

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of the factory except in export case. As per Rule 3(4) (e) of Cenvat Credit Rules, input service credit can be utilized only for providing taxable output service.If credit has been accumulated because of export and remains un-utilized and you want to close business, then refund in cash is admissible. Since you have sufficient time to close the business, better option is to utilize the same, otherwise it would lapse. There is a plethora of judgements on this issue but it varies from case to case. .....

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CUS. (APPEALS), TIRUPATI Versus KORES (INDIA) LTD. 2008 (8) TMI 588 - CESTAT, BANGALORE Cash refund - Cenvat credit on capital goods - Rule 5 of the Cenvat Credit Rules - the respondents closed the unit, as the unit is closed they would not be in a position to utilize the Cenvat credit - there is plethora of case-laws which hold that when the amount lying in the Cenvat account cannot be utilized then the assessees are entitled for cash refund - The amount lying unutilized on account of the closu .....

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g upon the facts and circumstances of each case. - Reply By MARIAPPAN GOVINDARAJAN - The Reply = In 'Modipon Limited V. Commissioner of Central Excise, Ghaziabad' - 2015 (324) ELT 718 (Tri. Del) = 2015 (2) TMI 301 - CESTAT NEW DELHI the Tribunal held that there is no provision of cash refund of accumulated CENVAT due to stoppage of production under Section 11B of Central Excise Act, 1944 which is applicable only to duty paid on goods either through cash or CENVAT credit. In case of closu .....

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