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TMI Blog2009 (7) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... ia Trading Co. Pvt. Ltd., [2006 (7) TMI 9 - KARNATAKA HIGH COURT] held that the assessee’s factory is closed and surrendered their central excise registration and the CENVAT credit would be refunded in cash - refund allowed - appeal dismissed - decided against Revenue. - E/1144/2007-SM - 920/2009-SM(BR)(PB) - Dated:- 29-7-2009 - Shri P.K. Das, J Shri V.K. Saxena, Jt. CDR, for the Appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s filed appeal before the Commissioner (Appeals) which was allowed. Hence, the Revenue filed this appeal. 3. Learned Jt. CDR submits that Rule 5 of Cenvat Credit Rules would not allow the refund of Cenvat credit in cash. He further submits that the respondents debited this amount from their Cenvat account and, therefore, they are not eligible to get the refund in cash. In this context, he relied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jaipur v. Talforge Pvt. Ltd. - 2009 (239) E.L.T. 172 (Tri.-Del.). 5. After hearing learned Jt. CDR and on perusal of the records, I find that the Commissioner (Appeals) allowed the unutilized credit of Rs. 4,98,588/- in cash because it is a case of closure of factory of the respondents and the respondents are not able to utilize this amount, if it is credited to their Cenvat credit account. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vat credit account. In the present case, the respondent factory is closed and there is no scope for utilization of credit in the Cenvat credit account. So, the facts in the present case does not resemble with the facts of the decision of the Punjab and Haryana High Court and, therefore, the said decision will not apply in the present facts and circumstances of the case. 6. In view of the above d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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