2015 (12) TMI 543 - AT - Service Tax

Appellate tribunal allows refund claim for CENVAT credit despite name change

The appellate tribunal in CESTAT Bangalore allowed the appellant's appeal for a refund claim of CENVAT credit under Rule 5 of CENVAT Credit Rules, 2004. ... Denial of refund claim - Accumulated CENVAT Credit - FIRCs received for the exports made are not in the name of the appellant - Held that:- unable to find out legal provisions which provides that in case of change in the name, refund claim is not admissible. In the case of recovery of short-levy, short collection of revenue, show-cause notices are issued and amount is collected in similar cases. In such a situation, when it comes to refund, rejection of the claim only on the ground without support of any legal provision cannot be sustained - Decided in favour of assessee. The appellate tribunal in CESTAT Bangalore allowed the appeal of the appellant regarding a refund claim for CENVAT credit accumulated under Rule 5 of CENVAT Credit Rules, 2004. The rejection of the claim based on FIRCs not being in the appellant's current name was deemed incorrect as the company's name change did not affect the validity of the claim. The appeal was allowed with consequential relief to the appellant.