https://www.taxtmi.com/caselaws?id=764543 CESTAT New Delhi allowed the appeal challenging rejection of refund claim on time limitation grounds. Revenue contended the refund claim filed on 23.09.2021 was time-barred as cause arose on 28.08.2017 when tax was deposited under RCM, exceeding one-year limit. CESTAT held that unutilized credit under old Credit Rules was eligible for processing under Section 142(3) of GST Act, 2017 and refundable in cash. The tribunal ruled that Section 11B(1) limitation provisions don't apply to Section 142(3) cases, making rejection erroneous. CESTAT emphasized that transitional credit constitutes vested right under Article 300A of Constitution, cannot be denied on technical grounds, and no unjust enrichment exists regarding credit amounts. Department directed to process refund claim accordingly. en-us Fri, 10 Jan 2025 00:00:00 +0530 Sat, 11 Jan 2025 13:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=764543 CESTAT New Delhi allowed the appeal challenging rejection of refund claim on time limitation grounds. Revenue contended the refund claim filed on 23.09.2021 was time-barred as cause arose on 28.08.2017 when tax was deposited under RCM, exceeding one-year limit. CESTAT held that unutilized credit under old Credit Rules was eligible for processing under Section 142(3) of GST Act, 2017 and refundable in cash. The tribunal ruled that Section 11B(1) limitation provisions don't apply to Section 142(3) cases, making rejection erroneous. CESTAT emphasized that transitional credit constitutes vested right under Article 300A of Constitution, cannot be denied on technical grounds, and no unjust enrichment exists regarding credit amounts. Department directed to process refund claim accordingly. Case-Laws Central Excise Fri, 10 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=764543