TaxTMI 
TaxTMI 
TaxTMI 
No refund of outstanding CENVAT credit after closure of factory
X X X X Extracts X X X X
X X X X Extracts X X X X
....o refund of outstanding CENVAT credit after closure of factory<br>By: - Bimal jain<br>Central Excise<br>Dated:- 15-8-2023<br><br>The CESTAT, Chennai in M/S. ALFRED BERG & CO., (I) PVT. LTD. VERSUS COMMISSIONER OF GST & CENTRAL EXCISE, CHENNAI - 2023 (8) TMI 243 - CESTAT CHENNAI held that no refund of unutilized CENVAT credit after stopping manufacturing due to sale of business to another company. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Facts: M/s. Alfred Berg & Co., (I) Pvt. Ltd. ("the Appellant") was a manufacturer who had stopped their manufacturing activities and sold the assets to another company. The Appellant then filed a refund claim of the accumulated balance of CENVAT credit ("the Credit"). A show cause notice proposing denial of the refund claim was issued to the Appellant. Subsequently, the adjudicating authority ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....passed an order ("the Impugned Order") rejecting the refund claim. Aggrieved by the Impugned Order, the Appellant filed an appeal before the CESTAT, Chennai. Issue: Whether the Appellant is eligible for a refund of the credit outstanding in their CENVAT account at the time of closing of factory? Held: The CESTAT, Chennai in M/S. ALFRED BERG & CO., (I) PVT. LTD. VERSUS COMMISSIONER OF GST & C....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ENTRAL EXCISE, CHENNAI - 2023 (8) TMI 243 - CESTAT CHENNAI held as under: - * Noted that, the facts of the present case are similar as in M/S. GAURI PLASTICULTURE P. LTD., BOMBAY DYEING & MANUFACTURING CO. LTD., M/S. SIMPLEX MILLS CO. LTD. VERSUS THE COMMISSIONER OF CENTRAL EXCISE, INDORE, THE COMMISSIONER OF CENTRAL EXCISE, MUMBAI IV, THE UNION OF INDIA THROUGH THE COMMISSIONER OF CENTRAL EXCIS....
X X X X Extracts X X X X
X X X X Extracts X X X X
....E MUMBAI I - 2019 (6) TMI 820 - BOMBAY HIGH COURT wherein the Hon'ble Bombay High Court denied the refund of CENVAT credit to the assessee after closure of factory. * Held that, the Appellant is not eligible for a refund of the credit outstanding in their CENVAT account at the time of closure of his factory. (Author can be reached at [email protected]) Reply By KASTURI SETHI as = Respected....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Sir, I read all your articles daily on TMI. Will you please oblige your readers by giving your conclusion at the end of each article, especially, when any judgement is analyzed ? Thanks & regards. Dated: 16-8-2023<br> Scholarly articles for knowledge sharing by authors, experts, professionals ....