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TMI Blog2022 (2) TMI 456X X X X Extracts X X X X X X X X Extracts X X X X ..... is Tribunal in the case of KIRLOSKAR TOYOTA TEXTILE MACHINERY PVT. LTD. VERSUS COMMISSIONER OF CENTRAL TAX, BENGALURU SOUTH GST COMMISSIONERATE [ 2021 (8) TMI 818 - CESTAT BANGALORE ] had an occasion to examine the issue and after examining the various judicial pronouncement on the issue has allowed the cash refund of credit lying unutilized on closure of the operation on 19.08.2021 - the appellant is entitled to cash refund under Rule 5 of Cenvat Credit Rules, 2004 of the credit lying unutilized in their Cenvat credit account on closure of operation. Appeal is allowed - decided in favor of appellant. - ST/60477/2021 - FINAL ORDER NO.60041 /2022 - Dated:- 4-2-2022 - Mr. Ashok Jindal, Member (Judicial) Present for the Appellant: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 006 (2001) ELT 559 (Kar) (ix) Slovak India Trading Co.Pvt.Ltd.-2008 (10) STR 101. (x) Luv Kush Textile vs. CCE-2017 VIL 397 Raj CE (xi) CST vs. Ishan Copper-2018-VIL 617 Guj (xi) JU Pesticides vs. CCE VIL 431 CESTAT Chennai CE (xii) Nichiplast India v. CCE-2021 VIL 324 CESTAT Del (xiii) Andhra Sugars 2015 (319) ELT 297 A.P.) 4. On the other hand, ld.AR opposed the contention of the ld. Counsel and submits that no cash refund of unutilized credit on closure of factory can be given in absence of statutory provisions. It is clear from Rule 5 of Cenvat Credit Rules, 2004 has been amended on 1.4.2012 and there is no such provision for cash refund. She also relied on the following decisions:- (1) Saera Electric Auto Pvt.Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r repeated attempt to file Form TRAN 1 within the stipulated time and/or extended time, which entitles them to avail the Input tax credit. Accordingly, the Delhi High Court permitted them to avail and file relevant TRAN 1 on or before 30.6.2020. Further directing the Revenue to open the online portal to facilitate the petitioners to file form TRAN 1 or accept the same manually. Further, it was observed that other similar situated tax payers should also be entitled to avail the benefit of this judgement. Accordingly, the learned Counsel has urged that as the ruling of Hon'ble Karnataka High Court was confirmed by the Hon'ble Supreme Court, the benefit of same should be available to them also. has allowed the cash refund on 23.7. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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