https://www.taxtmi.com/caselaws?id=155466 Refund under Rule 5 of the Cenvat Credit Rules, 2002 is available only against credit actually taken and left unutilised; it cannot be claimed on a notional credit basis. The assessee had elected the concessional exemption under Notification No. 6/2002 and, as a condition of that benefit, did not avail Cenvat credit under Rule 3. Since no credit had ever been entered in the Cenvat account, there was no existing unutilised credit capable of refund. The scheme of the Rules requires valid availment of credit before refund can arise, and the explanation to Rule 3(7)(c) recognises that an exemption condition denying credit prevails. en-us Tue, 05 Jan 2010 00:00:00 +0530 Wed, 04 Sep 2013 15:59:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=155466 Refund under Rule 5 of the Cenvat Credit Rules, 2002 is available only against credit actually taken and left unutilised; it cannot be claimed on a notional credit basis. The assessee had elected the concessional exemption under Notification No. 6/2002 and, as a condition of that benefit, did not avail Cenvat credit under Rule 3. Since no credit had ever been entered in the Cenvat account, there was no existing unutilised credit capable of refund. The scheme of the Rules requires valid availment of credit before refund can arise, and the explanation to Rule 3(7)(c) recognises that an exemption condition denying credit prevails. Case-Laws Central Excise Tue, 05 Jan 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=155466