2025 (3) TMI 327

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..... d. [2019 (7) TMI 1204 - BOMBAY HIGH COURT] where Larger Bench of this Court disposed of all the three questions referred to it by Division Bench of this Court by answering the same in favour of the Revenue and against the Assessee. Conclusion - The cash refund of accumulated cenvat credit lying in account on the date of closure of factory in the appellant's case cannot be admissible. Appeal dismissed.
DR. D.M. MISRA, MEMBER (JUDICIAL) AND MR PULLELA NAGESWARA RAO, MEMBER (TECHNICAL) Mr. Subramanya, Chartered Accountant for the Appellant Mr. Sanjay Venkat, Superintendent (AR) for the Respondent ORDER This is an appeal filed against Order-in-Appeal No.647/2014-CE dated 31.10.2014 passed by the Commissioner of Central Excise (Appeals .....

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..... it as mentioned in their ER-1 return later claimed as refund by filing an application on 06.05.2010 under Rule 5 of the CCR, 2004. Also, a request was made to consider the said application under Section 11B of the Central Excise Act, 1944 if not under Rule 5 of CCR, 2004 read with Notification No.5/2006-CE(NT). He has submitted that the learned Commissioner(Appeals) has rejected their refund claim even though they have cited various judgments including the judgment in the case of UOI Vs. Slovak India Co. Pvt. Ltd. [2008(223) ELT A170(SC)] and Tribunal's judgments whereby refund of accumulated cenvat credit under Rule 5 has been allowed on closure of the factory. 4. On the other hand, learned AR for the Revenue has submitted that the Larger .....

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..... the issue by framing the following question of law: "(a) Whether cash refund is permissible in terms of clause (c) to the proviso to section 11B(2) of the Central Excise Act, 1944 where an assessee is unable to utilize credit on inputs? (b) Whether by exercising power under Section 11B of the said Act of 1944, a refund of unutilised amount of Cenvat Credit on account of the closure of manufacturing activities can be granted? (c) Whether what is observed in the order dated 25th January, 2007 passed by the Apex Court in Petition for Special Leave to Appeal (Civil) No. CC 467 of 2007 (Union of India v. Slovak India Trading Company Pvt. Ltd.) can be read as a declaration of law under Article 141 of the Constitution of India?" 7. After d .....

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