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TMI Blog2013 (11) TMI 627X X X X Extracts X X X X X X X X Extracts X X X X ..... l against Order-in-Appeal no. Goa/CEX/GSK/20/2013 dated 29/05/2013 passed by the Commissioner of Customs & Central Excise (Appeals), Goa. 2. The respondent, M/s Surana Telecom & Power Ltd., Goa, had a balance of unutilized CENVAT credit of Rs.91, 23,836/- in their books of accounts, when the company declared closure on 01/09/2011 due to adverse market condition. The respondent filed a refund clai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2006 (201) ELT 559 (Kar.). Aggrieved of the same, the Revenue is before us. 3. Revenue's contention is that Rule 5 of CENVAT Credit Rules, 2004 permits refund of CENVAT credit in cash only in a situation where any input or input services are used in the manufacture of final products, which is cleared for export under bond or under letter of undertaking, as the case may be, or used in the intermed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here is nothing in the said Rule CENVAT Credit Rules, 2002 which prohibits grant of such a refund. On a query from the Bench, the ld. Counsel submitted that the appellant has not yet been given the benefit of refund in pursuance to the impugned order. 5. Considering the submissions made by both the sides, inasmuch as the refund has not been sanctioned yet, we are of the considered view at the int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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