TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Appellant wins refund claim despite time limit rejection, cenvat credit upheld.</h1> <h3>M/s Vijay Commercial Cooperative Bank Ltd Versus C.C.E. & S.T., - Rajkot</h3> The tribunal ruled in favor of the appellant, allowing the refund claim of Rs. 81,533 to be re-processed despite initial rejection due to time ... Refund claim - refund rejected on the ground of time bar - HELD THAT:- It is observed that the appellant before filing formal refund claim, they had written a letter to the department for adjustment of the cenvat credit. Therefore, the said letter should be considered as refund claim only and the period of limitation should be reckoned considering the letter dated 22.10.2014 as a claim for refund. Adjustment of cenvat credit - HELD THAT:- This is cenvat credit which was already accrued to the appellant, before 01.09.2014 there was no time limit for which adjustment was sought for all the invoices were issued prior to 01.09.2014, therefore, cenvat credit on the said invoices cannot be denied on the ground of time bar - the demand of ₹ 1,85,149/- is not sustainable and the same is set aside. Appeal allowed in part. Issues:1. Entitlement for refund of Rs. 81,5332. Entitlement for adjustment of cenvat credit of Rs. 1,85,149Analysis:1. The appellant's refund claim of Rs. 81,533 was rejected on the grounds of time bar. The appellant argued that a letter requesting adjustment of the amount against service tax should be considered a refund claim. The tribunal agreed, considering the letter as the refund claim and not subject to time limitations. The tribunal set aside the rejection and allowed the refund claim to be re-processed.2. Regarding the adjustment of cenvat credit of Rs. 1,85,149, the appellant claimed that there was no time limit for availing cenvat credit before 01.09.2014. As all invoices were issued prior to this date, the tribunal found the cenvat credit to be valid and accrued to the appellant. Consequently, the demand for Rs. 1,85,149 was deemed unsustainable and set aside by the tribunal.In conclusion, the tribunal partially allowed the appeal, ruling in favor of the appellant on both issues. The judgment was pronounced on 13.03.2019 by Shri Ramesh Nair, Member (Judicial) at the Appellate Tribunal CESTAT Ahmedabad.
TaxTMI 
TaxTMI 
