https://www.taxtmi.com/caselaws?id=411123 Rule 5 of the CENVAT Credit Rules, 2004 does not permit refund of unutilised credit to be restricted proportionately by reference to export turnover or by requiring a one-to-one correlation between inputs and exported goods. The Tribunal also noted that, where an earlier order had already settled entitlement to refund in principle and had attained finality without any Revenue challenge, the lower appellate authority could not reopen that issue and reduce the refund on a different basis. The proportionate restriction was therefore unsustainable, and the refund sanctioned by the original authority was restored with consequential benefits according to law. en-us Thu, 12 Aug 2021 00:00:00 +0530 Tue, 17 Aug 2021 15:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=411123 Rule 5 of the CENVAT Credit Rules, 2004 does not permit refund of unutilised credit to be restricted proportionately by reference to export turnover or by requiring a one-to-one correlation between inputs and exported goods. The Tribunal also noted that, where an earlier order had already settled entitlement to refund in principle and had attained finality without any Revenue challenge, the lower appellate authority could not reopen that issue and reduce the refund on a different basis. The proportionate restriction was therefore unsustainable, and the refund sanctioned by the original authority was restored with consequential benefits according to law. Case-Laws Central Excise Thu, 12 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=411123