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    <title>2019 (10) TMI 585 - CESTAT AHMEDABAD</title>
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    <description>Refund of accumulated CENVAT credit under Rule 5 of the Cenvat Credit Rules, 2002 was not finally upheld on the existing record because later judicial decisions had materially affected the legal position. The dispute involved cash refund of unutilised credit arising from closure of the factory, and the earlier rejection was found unsuitable to be sustained without reappraisal of the cited authorities against the facts. The impugned order was set aside and the matter remanded to the Adjudicating Authority for fresh adjudication after considering the subsequent judgments and their factual relevance.</description>
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      <description>Refund of accumulated CENVAT credit under Rule 5 of the Cenvat Credit Rules, 2002 was not finally upheld on the existing record because later judicial decisions had materially affected the legal position. The dispute involved cash refund of unutilised credit arising from closure of the factory, and the earlier rejection was found unsuitable to be sustained without reappraisal of the cited authorities against the facts. The impugned order was set aside and the matter remanded to the Adjudicating Authority for fresh adjudication after considering the subsequent judgments and their factual relevance.</description>
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