2015 (10) TMI 1326

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....e Respondent. ORDER The Revenue is in appeal against the impugned order wherein the Commissioner (Appeals) has allowed the cash refund of unutilized credit lying in Cenvat account on closure of their factory under Rule 5 of Cenvat Credit Rules, 2004 read with Section 11B of Central Excise Act, 1944. 2. Ld. AR has relied on the Larger Bench decision of the Tribunal in the case of Steel Stri....

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.... credit? (b)     Whether under the facts and circumstances of the case the Tribunal is right in ordering for refund even if there is no production and there is no clearance of finished goods? (c)     Whether under the facts and circumstances of the case the Tribunal is right in holding that respondent is entitled for refund even if it goes out of Modvat ....

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....evenue and in favour of the assessee. 5. Heard the parties and considered the submissions. 6. In the case of Steel Strips, Larger Bench of this Tribunal although reference made to the decision of Slovak India Trading Co. Pvt. Ltd. (supra) but have not discussed the said decision. That decision is not applicable to the facts of case of Slovak India Trading Co. Pvt. Ltd. Further, I find ....