Refund allowed for unutilized CENVAT credit pre-registration under Rule 5

The Appellate Tribunal CESTAT, Chennai held that CENVAT credit accrued before registration but not utilized is eligible for refund under Rule 5 of CENVAT Credit Rules, 2004. The Revenue's appeal was rejected, citing a precedent from the Karnataka HC in mPortal India Wireless Solutions Pvt. Ltd. Vs. Commissioner 2012 (27) STR 134 (Kar.).

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The Appellate Tribunal CESTAT, Chennai ruled that CENVAT credit arising before registration and not usable is refundable under Rule 5 of CENVAT Credit Rules, 2004. The Revenue appeal was dismissed based on a precedent set by the Karnataka High Court in the case of mPortal India Wireless Solutions Pvt. Ltd. Vs. Commissioner 2012 (27) STR 134 (Kar.).

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