https://www.taxtmi.com/caselaws?id=760655 The Tribunal set aside the impugned order, granting the appellant a refund of un-utilized cenvat credit following the closure of their manufacturing unit. It ruled that Rule 5 was inapplicable due to the absence of manufacturing activities. The Tribunal also held that the refund claim was not time-barred, as the closure of a factory is a unique circumstance. Consequently, the appeal was allowed with consequential benefits, emphasizing the binding effect of the Slovak India Trading Co. Pvt. Ltd. decision under Article 141 of the Constitution, which established the appellant's entitlement to the refund. en-us Thu, 24 Oct 2024 00:00:00 +0530 Thu, 24 Oct 2024 18:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=760655 The Tribunal set aside the impugned order, granting the appellant a refund of un-utilized cenvat credit following the closure of their manufacturing unit. It ruled that Rule 5 was inapplicable due to the absence of manufacturing activities. The Tribunal also held that the refund claim was not time-barred, as the closure of a factory is a unique circumstance. Consequently, the appeal was allowed with consequential benefits, emphasizing the binding effect of the Slovak India Trading Co. Pvt. Ltd. decision under Article 141 of the Constitution, which established the appellant's entitlement to the refund. Case-Laws Central Excise Thu, 24 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=760655