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2019 (10) TMI 585 - AT - Central ExciseRefund of accumulated CENVAT Credit - Credit lying unutilized due to closure of the factory - Rule 5 of the Cenvat Credit Rules, 2002 - HELD THAT - Subsequent to passing of order in original and impugned order, law on the issue involved in the present case has evolved and various judgments were passed on the said issue as cited by the Ld. Counsel. Matter remanded to the Adjudicating Authority for passing a fresh order - appeal allowed by way of remand.
Issues involved: Entitlement for cash refund of accumulated CENVAT Credit under Rule 5 of the Cenvat Credit Rules, 2002 due to factory closure.
Analysis: The issue in this case revolves around the entitlement of the appellant for a cash refund of accumulated CENVAT Credit under Rule 5 of the Cenvat Credit Rules, 2002, which remained unutilized due to the closure of the factory. The appellant's counsel highlighted various judgments in favor of the assessee, indicating that the appellant should be entitled to the refund. These judgments include Ishan Copper Pvt. Ltd., Welcure Drugs and Pharmaceuticals Ltd., Castrol India Ltd., Vibgyor Printing and Packaging, Sri Indra Distillery, Shree Flavours LLP, and Century Copper Road Pvt. Ltd. The Assistant Commissioner, however, reiterated the findings of the impugned order. Upon hearing both sides and examining the records, the Tribunal noted that subsequent to the original and impugned orders, there have been developments in the law regarding the issue at hand. The Tribunal acknowledged the judgments cited by the appellant's counsel and deemed it necessary to reconsider the matter. Consequently, the Tribunal set aside the impugned order and remanded the case to the Adjudicating Authority for a fresh decision. The Adjudicating Authority was instructed to consider all the judgments presented by the appellant's counsel and compare the facts of those cases before issuing a new order. The appeal was allowed by way of remand to the Adjudicating Authority, with the decision announced in open court on 15.10.2019.
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