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    <title>2017 (5) TMI 1021 - RAJASTHAN HIGH COURT</title>
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    <description>Rajasthan HC held that where a manufacturing unit had closed and the refund claim under Rule 5 of the CENVAT Credit Rules, 2002 had already crystallised, the assessee was entitled to receive the refund in cash. The court noted that Rule 5 permits refund when adjustment is not possible and contains no express bar on cash payment. As no manufacturing activity remained in which the credit could be utilised, denial of cash refund was unjustified, and the contrary Larger Bench view was considered misplaced. The issue was answered in favour of the assessee and against the Revenue.</description>
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    <pubDate>Thu, 04 May 2017 00:00:00 +0530</pubDate>
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      <title>2017 (5) TMI 1021 - RAJASTHAN HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=343283</link>
      <description>Rajasthan HC held that where a manufacturing unit had closed and the refund claim under Rule 5 of the CENVAT Credit Rules, 2002 had already crystallised, the assessee was entitled to receive the refund in cash. The court noted that Rule 5 permits refund when adjustment is not possible and contains no express bar on cash payment. As no manufacturing activity remained in which the credit could be utilised, denial of cash refund was unjustified, and the contrary Larger Bench view was considered misplaced. The issue was answered in favour of the assessee and against the Revenue.</description>
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      <pubDate>Thu, 04 May 2017 00:00:00 +0530</pubDate>
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