https://www.taxtmi.com/caselaws?id=260345 Refund of unutilised Cenvat credit under Rule 5 was held to depend on credit actually available in the Cenvat account, so an incorrect ST-3 return entry could not, by itself, defeat refund where the mistake was inadvertent and later corrected through a revised return. Any disallowance, recovery, or adjustment of allegedly inadmissible credit required a proper show cause notice and quasi-judicial adjudication; it could not be set off against refund on an administrative basis. The admissible refund for the later periods was to be sanctioned, while the earlier period claim was to be recomputed after excluding credit taken up to 16.5.2008. en-us Thu, 05 Mar 2015 00:00:00 +0530 Thu, 15 Oct 2015 17:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=260345 Refund of unutilised Cenvat credit under Rule 5 was held to depend on credit actually available in the Cenvat account, so an incorrect ST-3 return entry could not, by itself, defeat refund where the mistake was inadvertent and later corrected through a revised return. Any disallowance, recovery, or adjustment of allegedly inadmissible credit required a proper show cause notice and quasi-judicial adjudication; it could not be set off against refund on an administrative basis. The admissible refund for the later periods was to be sanctioned, while the earlier period claim was to be recomputed after excluding credit taken up to 16.5.2008. Case-Laws Service Tax Thu, 05 Mar 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=260345