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    <title>2020 (2) TMI 1373 - MADRAS HIGH COURT</title>
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    <description>A 100% export-oriented unit that manufactured exempt goods was not required to pay excise duty under Section 5A(1A) merely to seek export rebate under Rule 18, so the rejection of rebate could not justify retaining unusable Cenvat credit. Where the accumulated credit remained unutilised, had not been re-credited, and the factory had closed, the credit served no practical purpose and refund was warranted. The reasoning on refund of Cenvat credit on closure of the unit was treated as applicable, and the discussion also noted that continued operations under GST would have attracted transitional credit under Section 142 of the CGST Act, 2017. The unutilised amount was therefore refundable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=291669</link>
      <description>A 100% export-oriented unit that manufactured exempt goods was not required to pay excise duty under Section 5A(1A) merely to seek export rebate under Rule 18, so the rejection of rebate could not justify retaining unusable Cenvat credit. Where the accumulated credit remained unutilised, had not been re-credited, and the factory had closed, the credit served no practical purpose and refund was warranted. The reasoning on refund of Cenvat credit on closure of the unit was treated as applicable, and the discussion also noted that continued operations under GST would have attracted transitional credit under Section 142 of the CGST Act, 2017. The unutilised amount was therefore refundable.</description>
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