https://www.taxtmi.com/caselaws?id=359122 Cash refund of unutilized MODVAT/CENVAT credit after closure of manufacturing activity remains unresolved. The competing issues include whether inability to utilise accumulated credit permits cash refund, whether dismissal of an earlier special leave petition declares binding law, and the application of the doctrine of merger. The legal question was kept open in a later Supreme Court order. Prima facie disagreement with an earlier coordinate Bench view on closure of factory and out-of-scheme credit led to consideration of a larger-Bench reference. No final determination of refund entitlement was made. en-us Mon, 23 Apr 2018 00:00:00 +0530 Tue, 03 Jul 2018 17:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=359122 Cash refund of unutilized MODVAT/CENVAT credit after closure of manufacturing activity remains unresolved. The competing issues include whether inability to utilise accumulated credit permits cash refund, whether dismissal of an earlier special leave petition declares binding law, and the application of the doctrine of merger. The legal question was kept open in a later Supreme Court order. Prima facie disagreement with an earlier coordinate Bench view on closure of factory and out-of-scheme credit led to consideration of a larger-Bench reference. No final determination of refund entitlement was made. Case-Laws Central Excise Mon, 23 Apr 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=359122