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    <title>2016 (3) TMI 10 - CESTAT MUMBAI</title>
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    <description>Refund under Notification No. 40/2012-ST cannot be denied merely because Cenvat credit on specified services was initially taken, where the credit was reversed before utilisation and before the refund claim; such reversal is treated as if the credit had not been availed for refund eligibility. At the same time, interest is payable from the date credit is taken until the date of reversal, regardless of utilisation. The refund claim was therefore not rejected outright and was remanded for fresh verification of interest payment, with the assessee otherwise entitled to refund.</description>
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      <link>https://www.taxtmi.com/caselaws?id=272198</link>
      <description>Refund under Notification No. 40/2012-ST cannot be denied merely because Cenvat credit on specified services was initially taken, where the credit was reversed before utilisation and before the refund claim; such reversal is treated as if the credit had not been availed for refund eligibility. At the same time, interest is payable from the date credit is taken until the date of reversal, regardless of utilisation. The refund claim was therefore not rejected outright and was remanded for fresh verification of interest payment, with the assessee otherwise entitled to refund.</description>
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