Factory Closure: Appellant Ineligible for Unutilized CENVAT Credit Refund

Alfred Berg & Co. (I) Pvt. Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai)

No refund of outstanding CENVAT credit after closure of factory

The CESTAT, Chennai in M/s. Alfred Berg & Co., (I) Pvt. Ltd. v. The Commissioner of GST and Central Excise [Excise Appeal No. 41009/2018 dated August 02, 2023] held that no refund of unutilized CENVAT credit after stopping manufacturing due to sale of business to another company.

Facts:

M/s. Alfred Berg & Co., (I) Pvt. Ltd. (“the Appellant”) was a manufacturer who had stopped their manufacturing activities and sold the assets to another company. The Appellant then filed a refund claim of the accumulated balance of CENVAT credit (“the Credit”).

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