2017 (6) TMI 931

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.... falling under Chapter 39 of the Central Excise Tariff Act, 1985. They are availing the benefit of CENVAT Credit under CENVAT Credit Rules, 2004 (CCR, in short), They had applied for refund of unutilised CENVAT credit of Rs. 33,29,003/- lying in their credit account as they had closed their unit. the appellants had filed the refund claim under Rule 5 of CCR and had submitted that the amount was originally debited through their Duty Free Credit Entitlement (DFCE) Licence. The said claim appeared to be liable for rejection and hence, show-cause notice dt 15/05/2012 was issued. The ground alleged in the notice for rejection of claim, inter alia, are that the goods were actually imported by other entitled (M/s. Big Bags International & Others) ....

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.... authority had no basis to assume that accumulated credit was due to exports. Further the original authority ignored the Tribunal's decision in Shree Prakash Textiles (Guj.) Ltd. vs. CCE [2004(169) ELT 162 (Tri. Mum.)]. After hearing the parties, the Commissioner(Appeals) has rejected the appeal of the appellant and hence this appeal. 3 Heard both the sides and perused the records. 4.1. The learned counsel for the appellant submitted that the impugned order is not sustainable in law as the same has been passed contrary to the provisions of CCRs, 2004 and binding judicial precedents. He further submitted that under the Foreign Trade Policy, neither the DFCE certificate nor the inputs imported thereunder are transferable. What was s....

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....ry is closed. This decision of the Karnataka High Court was upheld by the Apex Court by dismissing the SLP of the Department as reported in 2008(223) ELT A170 (SC). 4.2 The appellant also relied upon CCE Tirupati V. Kores (India) Ltd. [2009 (245) E.L.T. 411 (22) S.T.R. 361 (Tribunal)] wherein it has been held as under: Refund of Cenvat/Modvat Unutilized credit lying with assessee on account of closure of factory - Well settled law that amount of credit lying unutilized on account of closure of factory should be refunded Rule 5 of Cenvat Credit Rules, 2004. [para8] 4.3. The appellant also relied upon CCE, Jalandhar V. S.K. Sacks P. Ltd. 2010 (261) E.L.T. 560 (Tri.-Del.) wherein it has been held as under: Refund of unutilized cred....