2009 (6) TMI 790

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..... [Order]. -  After examining the records and hearing both sides, I find that the short question arising for consideration in this case is whether a claim for refund of unutilized CENVAT Credit availed by the assessee under Rule 5 of the Cenvat Credit Rules, 2004 is liable to be allowed on the ground of closure of their factory. Identical issue arose before the Hon'ble High Court of Karnataka .....

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..... the three questions as framed in para 17 against the Revenue and in favour of the assessee." 2. The Union of India filed a Special Leave Petition in the Supreme Court against the above judgment of the High Court. The SLP was dismissed [2008 (223) E.L.T. A170 (S.C.)] inasmuch as the learned Additional Solicitor General conceded the correctness of the High Court's judgment. Following the Hon' .....

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