2019 (5) TMI 1804

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....lized Cenvat credit lying in their Cenvat credit account on 19.09.2016. The said refund claim was rejected on the ground that there is no provision for refund of Cenvat credit lying in their Cenvat credit account unutilized on closer of the business. Against the said order, the appellant is before me. 3. Heard the parties. 4. Considering the fact that the similar issue came before this Tribunal in the case of Shree Krishna Paper Mills & Ind. Ltd. vs. CCE, Gurgaon wherein vide Final Order No. 61626/2018 dt. 15.03.2018, this Tribunal observed as under:- "8. Heard the parties at length and perused the record. We find that the facts of the case are that appellant were manufacturing paper and paper products. They were availing Cen....

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.... 9. The Revenue is heavily relying on the decision of Steel Strips (supra) to say that it is the main ground in the show cause notice to deny the refund claim filed by the appellant. We find that the facts in the case of Steel Strips (supra) are altogether different from the facts of the case in hand. In the case of Steel Strips (supra), the assessee had not closed down their factory nor they surrendered their registration certificate, they were not able to utilise Cenvat credit and that is why they filed the refund claim which was held by the Larger Bench of this Tribunal that same cannot be refunded. Therefore, the facts of said case are not applicable to the facts of this case. Moreover, similar facts were there in the case of Pur....