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M/s. Srinivasa Hair Industries Versus CCE, Chennai

2016 (6) TMI 673 - CESTAT CHENNAI

Refund of CENVAT credit remaining unutilized - closure of the unit - Held that:- When the credit is not questioned as ungenuine and there is no circumstance brought out by Revenue that there is a possibility to utilize the credit and also there being .....

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sure of the unit or impossibility of adjustment. The State should not be enriched at the cost of the citizen in such circumstance.

In the result, appeal is allowed and refund is admissible. - Appeal No. E/497/2011 - Final Order No. 40411 / .....

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may be refunded under Rule 5 of the CENVAT Credit Rules, 2004 since the credit so remaining has no possibility of utilization in future, because of the closure of the unit. Appellant relies on the decision of the Hon ble High Court of Karnataka uphel .....

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e input credit does not relate to manufacture of exportable goods or intermediate cleared for export. Rule 5 confines its scope to permissibility of the refund only in respect of exportable goods. When the input credit is availed to manufacture goods .....

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ilized input credit pertains to manufacture of exportable goods or intermediate goods cleared for export. There is no rule at all to entertain refund of the unutilized CENVAT credit in respect of use of the input in the manufacture for domestic clear .....

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tation, the Hon ble High Court of Karnataka has allowed refund in the case of Union of India Vs. Slovak India Trading Co. P. Ltd. (supra) considering the fact that there was neither production nor clearance of finished goods due to closure of the com .....

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c clearances. Therefore, when the credit is not questioned as ungenuine and there is no circumstance brought out by Revenue that there is a possibility to utilize the credit and also there being no law to carry forward such credit for future or to tr .....

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