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of <h1>Court denies refund for unutilised Cenvat Credit on legal services; interest not payable on delayed refund sanction.</h1> <h3>M/s Gionee India Pvt. Ltd. Versus The Assistant Commissioner (GST East)</h3> M/s Gionee India Pvt. Ltd. Versus The Assistant Commissioner (GST East) - TMI Issues:1. Refund claim of unutilised Cenvat Credit.2. Eligibility of certain services for refund.3. Entitlement to claim interest on the sanctioned amount.Issue 1: Refund claim of unutilised Cenvat CreditThe appellant filed a refund claim of unutilised Cenvat Credit amounting to Rs. 23,12,37,136 under notification No. 27/2017 for the period from January to March 2017. The Order-in-Original sanctioned a major part of the claim but rejected Rs. 8,96,230. The Commissioner (Appeals) modified the order, allowing refund for certain services but denying it for legal and travel-related services. The appellant appealed further, arguing for the eligibility of these services as input services under the Cenvat Credit Rules, 2004.Issue 2: Eligibility of certain services for refundThe appellant contended that legal and professional services, along with travel-related services, should be eligible for refund as input services. However, it was noted that these services were not provided by the appellant but by external entities. The Commissioner (Appeals) denied the refund for these services, stating that they were not directly used by the appellant for providing output services. The judgment upheld this decision, citing precedents and the definition of input services under the Cenvat Credit Rules, 2004.Issue 3: Entitlement to claim interest on the sanctioned amountThe appellant raised a concern regarding the entitlement to claim interest on the sanctioned amount, citing a delay in crediting the amount to their account. The judgment clarified that the refund claim of unutilised Cenvat Credit falls under Rule 5 of the Cenvat Credit Rules, 2004, distinct from excise duty or service tax refunds. It was highlighted that Section 11BB of the Central Excise Act, which deals with interest on delayed refunds, is not applicable to unutilised Cenvat Credit refunds. The judgment referenced a High Court decision to support this interpretation and concluded that no interest was payable on the delayed sanction of the refund amount.In conclusion, the judgment upheld the order under challenge, dismissing the appeal. The decision was based on the specific provisions of the Cenvat Credit Rules, 2004, and the inapplicability of certain sections of the Central Excise Act to the refund of unutilised Cenvat Credit.
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