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    <title>2026 (1) TMI 425 - CESTAT NEW DELHI</title>
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    <description>Section 142(9)(b) CGST Act was interpreted to permit an assessee to seek cash refund of eligible pre-GST CENVAT credit even if it was not carried forward through TRAN-1, since the assessee may opt for the more beneficial statutory route; denial of refund solely for non-carry-forward was held unsustainable. On the Department&#039;s objection that the ST-3 return showed credit as &quot;inputs&quot; while supporting documents related to &quot;input services,&quot; the Tribunal held the mismatch to be a rectifiable classification error not going to the root of entitlement, as the credit balance was admitted and no mala fides were shown; refund could not be rejected on this technicality. The impugned order was set aside and the appeal allowed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=784669</link>
      <description>Section 142(9)(b) CGST Act was interpreted to permit an assessee to seek cash refund of eligible pre-GST CENVAT credit even if it was not carried forward through TRAN-1, since the assessee may opt for the more beneficial statutory route; denial of refund solely for non-carry-forward was held unsustainable. On the Department&#039;s objection that the ST-3 return showed credit as &quot;inputs&quot; while supporting documents related to &quot;input services,&quot; the Tribunal held the mismatch to be a rectifiable classification error not going to the root of entitlement, as the credit balance was admitted and no mala fides were shown; refund could not be rejected on this technicality. The impugned order was set aside and the appeal allowed.</description>
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      <pubDate>Tue, 02 Dec 2025 00:00:00 +0530</pubDate>
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