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CESTAT allowed the appeal, affirming the appellants' entitlement to refund of excess CENVAT credit paid during the transition from central excise to GST regime. The Tribunal held that duties paid under Advance License scheme are refundable under Section 142(3) of CGST Act, 2017, as the additional customs duties were previously eligible for CENVAT credit. The order rejected the Commissioner's denial, finding the refund claim legally sustainable and consistent with transitional provisions governing tax credit mechanisms during regulatory regime change.
CESTAT allowed the appeal, affirming the appellants' entitlement to refund of excess CENVAT credit paid during the transition from central excise to GST regime. The Tribunal held that duties paid under Advance License scheme are refundable under Section 142(3) of CGST Act, 2017, as the additional customs duties were previously eligible for CENVAT credit. The order rejected the Commissioner's denial, finding the refund claim legally sustainable and consistent with transitional provisions governing tax credit mechanisms during regulatory regime change.
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