2018 (5) TMI 25

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..... India Trading Co. Pvt. Ltd.[2006 (7) TMI 9 - KARNATAKA HIGH COURT], would apply to the facts and circumstances? - Held that: - the Division Bench of this Court in the said case held that in view of the fact that there was no manufacture in the light of the closure of the company, Rule-5 of the Cenvat Credit Rules would not be available for the purpose of rejecting the claim for refund - the Tribu .....

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..... tured by the respondent were exempted from payment of excise duty from 09.07.2004. The respondent had availed cenvat credit balance of ₹ 15,77,730/- BED and ₹ 466/- as cess, in all amounting to ₹ 15,78, 196/-. Since the cenvat credit could not be utilized he asked for a claim of refund on the ground that he has suspended the manufacturing operations from 01.08.2004. A show cau .....

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..... of India vs. Slovak India Trading Co. Pvt. Ltd., would apply to the facts and circumstances? 4. In the aforesaid judgment, the Division Bench of this Court held that in view of the fact that there was no manufacture in the light of the closure of the company, Rule-5 of the Cenvat Credit Rules would not be available for the purpose of rejecting the claim for refund. Therefore, the order o .....

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