TaxTMI 
TaxTMI 
2011 (9) TMI 964
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.... Hon'ble Sri Justice Goda Raghuram) This appeal by the revenue under Section 35 (G) of the Customs Act, 1962 is directed against a common order dated 13- 8-2010 of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), South Zonal Bench, Bangalore rejecting the Revenue's appeal against the order in Appeal dated 30-10-2008 passed by the Commissioner (Appeals), Hyderabad. This appeal per....
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.... Union of India v. Slovak India Trading Co. Pvt. Ltd. 2006 (201) ELT 559, wherein in a substantially similar fact situation i.e., where the company wound up its operations and claimed refund of the accumulated Cenvat credit, the Karnataka High Court, interpreting Rule 5 of the Rules held that Cenvat Credit is permissible. Against this Judgment of the Karnataka High Court, the matter was carried in....
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....8 of this order while observing that "wherever the assessee was unable to utilize the credit on account of objection raised by the Department or actions taken by them by way of initiation of proceedings or paid duty out of modvat account at the Department's insistence, and for that reason he had to pay duty in cash or out of the PLA, they would be entitled to refund of that credit in cash, on the ....
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....payment of duty of excise on any final products cleared for home consumption or for export on payment of duty and where for any reason such adjustment is not possible, the manufacturer shall be allowed refund of such amount subject to such safeguards, conditions and limitations as may be specified by the Central Government by notification." On a true and fair construction of the provision as wel....