TMI Blog2008 (11) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... involving duty of Rs. 23,127/- - remission of this amount of duty involved on finished goods destroyed in fire had been allowed. - Claim for refund of Rs.1,46,984/- was filed by the respondents on 2-2-2006 which was disposed of by the Assistant Commissioner, Ludhiana by way of sanction in the form of cenvat credit. The Commissioner (Appeals) accepted the plea of the assessees that they were entit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s involving duty of Rs. 23,127/-, Show cause notice dated 15-3-2004 proposing recovery of the above two amounts was issued; the demands were confirmed by the Order-in-Original dated 17-12-2004; the appellants filed an appeal before the Commissioner (Appeals), Ludhiana who vide his order dated 23-12-2005 set aside the demand of Rs.1,46,984/- for the reason that remission of this amount of duty invo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is closed, refund claim can be made in cash and the Tribunal's order has been upheld by the Hon'ble High Court of Karnataka as seen from 2006 (201) E.L.T. 559 (Kar.), holding that Rule 5 of the Cenvat Credit Rules, 2002 does not expressly prohibit refund of unutilized credit when there was no manufacture due to closure of factory. In the present case, the respondents have closed factory and surre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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