https://www.taxtmi.com/caselaws?id=256426 An export-oriented unit was found entitled to restore Cenvat credit after its rebate claim on duty-paid exported goods was cancelled, because Rule 5 of the Cenvat Credit Rules, 2004 did not create any statutory bar and Notification No. 5/2006-CE (N.T.) recognised refund entitlement in such circumstances. The amount earlier debited was treated as credit lawfully available for re-credit once the rebate claim stood cancelled. On that basis, the penalty was held unsustainable in the absence of a prohibiting provision. en-us Mon, 12 Jan 2015 00:00:00 +0530 Thu, 12 Feb 2015 12:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=256426 An export-oriented unit was found entitled to restore Cenvat credit after its rebate claim on duty-paid exported goods was cancelled, because Rule 5 of the Cenvat Credit Rules, 2004 did not create any statutory bar and Notification No. 5/2006-CE (N.T.) recognised refund entitlement in such circumstances. The amount earlier debited was treated as credit lawfully available for re-credit once the rebate claim stood cancelled. On that basis, the penalty was held unsustainable in the absence of a prohibiting provision. Case-Laws Central Excise Mon, 12 Jan 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=256426