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of <h1>Tribunal grants refund for unutilised Cenvat credit on factory closure, emphasizing correct application of law</h1> <h3>Century Rayon - Twisting Unit Versus Commissioner of C. Ex., Thane-I</h3> Century Rayon - Twisting Unit Versus Commissioner of C. Ex., Thane-I - 2015 (325) E.L.T. 205 (Tri. - Mumbai) Issues:Refund of unutilised Cenvat credit upon closure of factory.Analysis:The appeal concerned the rejection of a refund application by the ld. Commissioner under Rule 11(2) of Cenvat Credit Rules, 2004, stating that unutilised credit would lapse upon closure of the unit. The appellant, engaged in manufacturing excisable goods, closed operations due to commercial non-viability and sought a refund of unutilised Cenvat credit amounting to Rs. 85974. The appellant contended that the Commissioner's order misinterpreted the law and highlighted that the ER return submitted with the refund application demonstrated the unutilised credit balance. The appellant relied on legal precedents, including a Karnataka High Court decision and an Apex Court ruling, supporting the refund claim in cases of factory closure.The appellant also cited various tribunal decisions emphasizing the refund of unutilised credit upon factory closure, further strengthening their argument. The ld. AR, representing the respondent, maintained that the unutilised credit would lapse upon business closure and pointed out the alleged lack of necessary documents to support the refund claim. The Tribunal analyzed Rule 5 of Cenvat Credit Rules, 2004, which outlines the refund of Cenvat credit, and found that the appellant's closure of the unit entitled them to the refund as per the rule's provisions. The Tribunal concluded that the Commissioner's rejection was based on a misinterpretation of the refund rules, and the ER return submitted by the appellant was sufficient evidence to grant the refund. Consequently, the Tribunal set aside the impugned order and directed the respondent to process the refund within two months from the date of the order.The judgment highlighted the legal framework governing Cenvat credit refunds, the appellant's entitlement to the refund upon factory closure, and the misinterpretation leading to the initial rejection. By considering relevant legal precedents and the specific provisions of Rule 5, the Tribunal upheld the appellant's claim for refund of unutilised Cenvat credit, emphasizing the importance of adhering to the law's provisions in such cases.
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