<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2026 (7) TMI 653 - CESTAT HYDERABAD</title>
    <link>https://www.taxtmi.com/caselaws?id=794767</link>
    <description>Unutilised Education Cess, Secondary and Higher Education Cess, and Krishi Kalyan Cess lying in credit on 30.06.2017 were held not refundable under the CGST transitional framework. The Tribunal followed the Larger Bench view that the Cenvat Credit Rules, 2004 contained no provision to merge these blocked cesses with Excise Duty or Service Tax, and that Section 11B of the Central Excise Act, 1944 did not permit such refund. It also held that Rule 5 applied only to export-related refunds and had no application to these cesses. As the credit had already become dead credit before GST, the refund claim was rejected as not maintainable.</description>
    <language>en-us</language>
    <pubDate>Wed, 08 Jul 2026 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 11 Jul 2026 08:46:09 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=911224" rel="self" type="application/rss+xml"/>
    <item>
      <title>2026 (7) TMI 653 - CESTAT HYDERABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=794767</link>
      <description>Unutilised Education Cess, Secondary and Higher Education Cess, and Krishi Kalyan Cess lying in credit on 30.06.2017 were held not refundable under the CGST transitional framework. The Tribunal followed the Larger Bench view that the Cenvat Credit Rules, 2004 contained no provision to merge these blocked cesses with Excise Duty or Service Tax, and that Section 11B of the Central Excise Act, 1944 did not permit such refund. It also held that Rule 5 applied only to export-related refunds and had no application to these cesses. As the credit had already become dead credit before GST, the refund claim was rejected as not maintainable.</description>
      <category>Case-Laws</category>
      <law>Service Tax</law>
      <pubDate>Wed, 08 Jul 2026 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=794767</guid>
    </item>
  </channel>
</rss>