2019 (1) TMI 58

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..... Vaish (CA) for Respondent ORDER Per: Anil G. Shakkarwar After hearing both the sides duly represented by Learned AR Shri Sandeep Kumar Singh, Deputy Commissioner on behalf of the Revenue and Learned Chartered Accountant Shri Kapil Vaish on behalf of the Respondent I note that in the present case application for refund of un-utilized Cenvat Credit lying balance on closer of factory was filed .....

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..... He has also submitted that Rule 5 of Cenvat Credit Rules does not allow refund of Cenvat Credit of Central Excise duty paid on capital goods. 3. On the contrary the learned Chartered Accountant for respondent has submitted that this Tribunal subsequent to the passing of Larger Bench's decision has held in the case of Commissioner of Central Excise vs. Jai Ganpati Metals (supra) that the decision .....

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..... n account of objection raised by the Department and paid duty in cash, they would be entitled to refund of credit in cash on the dispute being ultimately settled in favour of assessee. The learned Chartered Accountant on behalf of the respondent has submitted that relying on the said ruling of Hon'ble High Court of Karnataka this Tribunal allowed refund of un-utilized Cenvat Credit of Rs. 34,44,89 .....

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