https://www.taxtmi.com/caselaws?id=338599 Refund of unutilised export-related CENVAT credit under Rule 5 is admissible where adjustment is not possible, subject to the prescribed safeguards, conditions and limitations. The mere fact that the credit was not first used for domestic clearances does not create an additional condition for refund, because the rule does not require prior utilisation for home consumption. The existence of accumulated credit exceeding the refund claim supported the conclusion that the credit remained unutilised. The refund denial was therefore unjustified, the impugned order was set aside, and refund relief was directed to be granted in accordance with law. en-us Fri, 02 Dec 2016 00:00:00 +0530 Sat, 02 Sep 2017 16:45:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=338599 Refund of unutilised export-related CENVAT credit under Rule 5 is admissible where adjustment is not possible, subject to the prescribed safeguards, conditions and limitations. The mere fact that the credit was not first used for domestic clearances does not create an additional condition for refund, because the rule does not require prior utilisation for home consumption. The existence of accumulated credit exceeding the refund claim supported the conclusion that the credit remained unutilised. The refund denial was therefore unjustified, the impugned order was set aside, and refund relief was directed to be granted in accordance with law. Case-Laws Central Excise Fri, 02 Dec 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=338599