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of <h1>Entitlement to Refund of Unutilized Credit on Factory Closure Upheld</h1> <h3>COMMISSIONER OF C. EX. & S.T., LUCKNOW Versus JAI GANPATI METALS</h3> The Tribunal upheld the respondent's entitlement to a refund of unutilized credit upon factory closure under Rule 5 of the Cenvat Credit Rules, citing the ... Denial of refund claim - Utilized CENVAT Credit - Rule 5 of Cenvat Credit Rules, 2004 read with Section 11B of Central Excise Act, 1944 - Held that:- In the case of Steel Strips, Larger Bench of this Tribunal although reference made to the decision of Slovak India Trading Co. Pvt. Ltd. (2006 (7) TMI 9 - HIGH COURT OF KARNATAKA (BANGALORE)) but have not discussed the said decision. That decision is not applicable to the facts of case of Slovak India Trading Co. Pvt. Ltd. Further, I find that the decision of Hon’ble Karnataka High Court shall prevail over the decision of the Tribunal. In these circumstances, following the decision of Hon’ble Karnataka High Court in Slovak India Trading Co. Pvt. Ltd. (supra), I hold that the respondent is entitled to get refund lying unutilized in their Cenvat credit account on the closure of their factory. Therefore, I do not find any infirmity in the order of the Commissioner (Appeals). - Decided against Revenue. Issues: Appeal against allowing cash refund of unutilized credit on closure of factory under Cenvat Credit Rules.Analysis:1. The Revenue appealed against the order allowing cash refund of unutilized credit on factory closure under Rule 5 of Cenvat Credit Rules, 2004 and Section 11B of Central Excise Act, 1944.2. The Appellate Tribunal noted the reliance on the decision in Steel Strips v. C.C.E., Ludhiana, where it was held that Rule 5 does not provide for refund of unutilized credit on factory closure.3. The respondent relied on the decision of Hon'ble Karnataka High Court in Slovak India Trading Co. Pvt. Ltd., where three issues were framed regarding the entitlement for refund under Rule 5.4. The Hon'ble Karnataka High Court held that Rule 5 does not prohibit refund on closure of the factory, and in the absence of manufacture due to factory closure, refund is justified, favoring the assessee.5. After hearing both parties, the Tribunal found the decision of the Hon'ble Karnataka High Court more applicable and held that the respondent is entitled to the refund of unutilized credit on factory closure as per the Cenvat credit account.6. The Tribunal rejected the Revenue's appeal, citing the precedence of the Hon'ble Karnataka High Court's decision in Slovak India Trading Co. Pvt. Ltd., supporting the refund claim on factory closure.This detailed analysis highlights the key legal arguments and decisions made in the judgment, providing a comprehensive overview of the case and its implications on the refund of unutilized credit under the Cenvat Credit Rules.
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