TMI Blog2018 (5) TMI 1447X X X X Extracts X X X X X X X X Extracts X X X X ..... Held that: - this issue is no more res integra and has been settled by the Hon'ble High Court of Karnataka in the case of Slovak India Trading Co. Pvt. Ltd. [2006 (7) TMI 9 - KARNATAKA HIGH COURT], where it was held that Assessee made claim for unutilized credit when there was no manufacture in the light of closure of factory and he has come out of Modvat scheme. Refund of credit is admissible - t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m for ₹ 26,94,278/- (Rupees Twenty Six Lakhs Ninety Four Thousand Two Hundred and Seventy Eight only) being accumulated cenvat credit. The Deputy Commissioner, Central Excise, Mangalore I Division issued a show-cause notice dated 23.02.2012 for rejection of the claim under the provisions of Section 11B, as the appellant have failed to furnish requisite details and documents to justify the cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance and therefore they have requested for the refund under Rule 5. He further submitted that the factum of closure of factory was also stated before both the authorities but both the authorities have not considered the said fact. He further submitted that when the operation and the factory is closed then the assessee is entitled for the refund of unutilized credit lying in the cenvat account, He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... derabad Vs. Apex Drugs Intermediates Ltd. 2014 (314) E.L.T. 729 (Tri-Bang.) e. CCE ST, Hyderabad Vs. Apex Drugs Intermediates Ltd. 2015 (322) E.L.T. 834 (AP) f. Shalu Synthetics Pvt. Ltd. vs CCE ST, Vapi - 2017 (346) E.L.T. 413 (Tri. -Bang.) 4. On the other hand the learned AR defended the impugned order and submitted that the appellant has not brought on record any pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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