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Appellants duly followed procedure and conditions for CENVAT credit under CENVAT Credit Rules, 2004 and filed revised returns. Section 142(9)(b) of CGST Act, 2017 provides transitional arrangement for refund of unutilized CENVAT credit as non-obstante clause overriding contrary provisions except Section 11B(2) of Central Excise Act, 1944 regarding unjust enrichment. On repeal of Central Excise Act and supersession of CENVAT Credit Rules, Section 142 is sufficient for sanction of cash refund of excess CENVAT credit while transitioning to GST regime without need for specific CENVAT statute provision. Coordinate Bench precedents upheld permissibility of such cash refund. Impugned order denying refund set aside as unsustainable in law.
Appellants duly followed procedure and conditions for CENVAT credit under CENVAT Credit Rules, 2004 and filed revised returns. Section 142(9)(b) of CGST Act, 2017 provides transitional arrangement for refund of unutilized CENVAT credit as non-obstante clause overriding contrary provisions except Section 11B(2) of Central Excise Act, 1944 regarding unjust enrichment. On repeal of Central Excise Act and supersession of CENVAT Credit Rules, Section 142 is sufficient for sanction of cash refund of excess CENVAT credit while transitioning to GST regime without need for specific CENVAT statute provision. Coordinate Bench precedents upheld permissibility of such cash refund. Impugned order denying refund set aside as unsustainable in law.
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