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    <title>2026 (6) TMI 950 - CESTAT BANGALORE</title>
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    <description>Refund of accumulated Cenvat credit under Rule 5 of the Cenvat Credit Rules, 2004 could not be denied on the ground that the services were not export of services when the eligibility of credit itself had not been put in issue under Rule 14. The Tribunal held that alleged irregular credit must first be recovered through the Rule 14 mechanism read with Section 11A of the Central Excise Act, 1944, and a refund claim cannot be rejected on a ground not raised in the show-cause notice. The refund was therefore held allowable and the impugned order was set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=793569</link>
      <description>Refund of accumulated Cenvat credit under Rule 5 of the Cenvat Credit Rules, 2004 could not be denied on the ground that the services were not export of services when the eligibility of credit itself had not been put in issue under Rule 14. The Tribunal held that alleged irregular credit must first be recovered through the Rule 14 mechanism read with Section 11A of the Central Excise Act, 1944, and a refund claim cannot be rejected on a ground not raised in the show-cause notice. The refund was therefore held allowable and the impugned order was set aside.</description>
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