TMI Blog2019 (1) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... tment and paid duty in cash, they would be entitled to refund of credit in cash - decided in favour of assessee - appeal dismissed - decided against Revenue. - APPEAL No. E/71140/2018-EX[SM] - FINAL ORDER NO. 72947/2018 - Dated:- 31-12-2018 - Mr. Anil G. Shakkarwar, Member (Technical) Shri Sandeep Kumar Singh (Deputy Commissioner) AR for Appellant Shri Kapil Vaish (CA) for Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal. 2. I note that learned AR for Revenue is relying on Larger Bench Decision in the case of Steel Strips vs. Commissioner of Central Excise, Ludhiana reported at 2011 (269) E.L.T. 257 (Tri.-LB) wherein this Tribunal has held that there is no provision under Rule 5 of Cenvat Credit Rules, 2004 to allow the refund of un-utilized Cenvat lying in Cenvat Account on closer of the factory. He has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pital goods does not arise. Learned Chartered Accountant, representing the respondent is also relying on Larger Bench s decision of this Tribunal in the case of Gauri Plasticulture (P) Ltd. vs. Commissioner of Central Excise, Indore reported at 2006 (202) E.L.T. 199 (Tri. LB). It was held in the said case of Gauri Plasticulture (supra) that whenever assessee was unable to utilize the credit on ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Final Order passed by this Tribunal was accepted by Department on 20.08.2017 on merit and the Hon ble Allahabad High Court has allowed appeal filed by M/s Modipon Ltd. in the same terms as in the case of Molex India Pvt. Ltd. (supra) through its order and judgment dated 08.10.2018. 4. I, therefore, find that allowing refund of un-utilized Cenvat Credit on closer of manufacturing unit as held b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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