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2018 (5) TMI 1447 - AT - Central ExciseRefund of accumulted CENVAT credit - rejection of the claim under the provisions of Section 11B, as the appellant have failed to furnish requisite details and documents to justify the claim under N/N. 05/2006-CE (NT) dated 14.03.2006 issued under Rule 5 of CCR 2004 - Held that - this issue is no more res integra and has been settled by the Hon ble High Court of Karnataka in the case of Slovak India Trading Co. Pvt. Ltd. 2006 (7) TMI 9 - KARNATAKA HIGH COURT , where it was held that Assessee made claim for unutilized credit when there was no manufacture in the light of closure of factory and he has come out of Modvat scheme. Refund of credit is admissible - the impugned order is not sustainable in law and the same is set aside subject to furnishing the proof of closure of business by the appellant - appeal disposed off.
Issues:
Refund claim rejection under Section 11B of Cenvat Credit Rules, 2004 due to failure to furnish requisite details and documents justifying the claim under Notification No. 05/2006-CE (NT) dated 14.03.2006. Appellant's closure of factory in June 2012 and request for refund under Rule 5 based on unutilized credit. Appeal against Commissioner (Appeals) order rejecting the refund claim. Analysis: The appeal challenged the rejection of a refund claim by the Commissioner (Appeals) under Section 11B of the Cenvat Credit Rules, 2004. The appellant, engaged in the manufacture of Automation System falling under Chapter 85 of the Central Excise Tariff Act 1985, filed a refund claim for ?26,94,278 as accumulated cenvat credit. The Deputy Commissioner issued a show-cause notice for rejection of the claim due to the appellant's failure to provide necessary details and documents as per Notification No. 05/2006-CE (NT) dated 14.03.2006. The Deputy Commissioner adjudicated the case by rejecting the claim, leading to the appeal before the Commissioner (Appeals) who also upheld the rejection, prompting the present appeal. During the hearing, the appellant argued that the impugned order was legally unsustainable as it did not consider the closure of the factory in June 2012, preventing the utilization of the remaining credit and necessitating a refund under Rule 5. The appellant contended that both authorities failed to acknowledge the factory closure, a significant fact affecting the claim. Citing legal precedents, including the decision of the jurisdictional High Court of Karnataka in Union of India Vs. Slovak India Trading Company Pvt. Ltd., the appellant asserted their entitlement to the refund based on unutilized credit due to factory closure. Additional decisions were also relied upon to support the appellant's position. In response, the learned AR defended the impugned order, highlighting the lack of evidence proving the closure of the unit in 2012 as claimed by the appellant. After considering the arguments and reviewing the records, the Judicial Member concluded that the issue was settled by the High Court of Karnataka and affirmed by the Supreme Court, emphasizing the necessity for proof of business closure by the appellant. Relying on legal precedents, including the decision in the case of Slovak India Trading Co. Pvt. Ltd. and subsequent Tribunal rulings, the impugned order was deemed legally unsustainable and set aside, subject to the appellant furnishing evidence of the closure of their business. The appeal was thereby disposed of with this direction.
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