2019 (2) TMI 78

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..... hat:- The Hon’ble High Court of Karnataka in the case of Slovak Trading Co. Pvt. Ltd. [2007 (1) TMI 556 - SUPREME COURT] had occasion to analyze the very same issue and held that even though there is no provision for grant of refund on account of closure of factory, since the appellant has gone out of the CENVAT credit scheme, they are eligible for refund - denial of refund is not justified - appe .....

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..... Rule 5 of CENVAT Credit Rules, 2004. In appeal, Commissioner (Appeals) upheld the same. Hence this appeal. 2. On behalf of the appellant, ld. counsel Ms. S. Sridevi submitted that the lower authorities have rejected the refund stating that there is no provision in CENVAT Credit Rules to grant refund of amount of accumulated / unutilized credit on account of closure of factory. The relevant Rul .....

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..... a in the case of Slovak Trading Co. Pvt. Ltd. (supra) had occasion to analyze the very same issue and held that even though there is no provision for grant of refund on account of closure of factory, since the appellant has gone out of the CENVAT credit scheme, they are eligible for refund. It was also observed that there is no express prohibition in terms of Rule 5 that CENVAT credit shall not be .....

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