https://www.taxtmi.com/caselaws?id=359122 The article examines whether unutilized MODVAT/CENVAT credit can be refunded in cash when manufacturing activity has ceased or the credit cannot otherwise be used, and whether dismissal of an earlier special leave petition amounts to a declaration of law binding on later disputes. It surveys conflicting authorities on refund, merger, and the precedential effect of SLP dismissal, and notes that the relevant legal question was left open in the later Supreme Court order. The Court records a prima facie disagreement with the earlier coordinate Bench view and states that the issue requires consideration by a larger Bench; no final ruling on refund is rendered, and the matter is referred for consideration of a larger Bench. 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 The article examines whether unutilized MODVAT/CENVAT credit can be refunded in cash when manufacturing activity has ceased or the credit cannot otherwise be used, and whether dismissal of an earlier special leave petition amounts to a declaration of law binding on later disputes. It surveys conflicting authorities on refund, merger, and the precedential effect of SLP dismissal, and notes that the relevant legal question was left open in the later Supreme Court order. The Court records a prima facie disagreement with the earlier coordinate Bench view and states that the issue requires consideration by a larger Bench; no final ruling on refund is rendered, and the matter is referred for consideration of a larger Bench. Case-Laws Central Excise Mon, 23 Apr 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=359122