TaxTMI 
TaxTMI 
2017 (8) TMI 218
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....t at the time of filing refund. The Commissioner (Appeals) also upheld the rejection order of the adjudicating authority holding that in order to make claim under Rule 5, the assessee is required to first reverse the cenvat credit for which refund is claimed. Therefore the appellant is before me. 2. Shri H.G. Dharmadhikari, Ld. Counsel for the appellants submits that the appellants could not reversed the cenvat credit, for which the refund was sought for at the time of filing. However, when it was pointed out appellants reversed the credit and intimated to the sanctioning authority vide letter dated 29.01.2016. Thereafter the appellants became eligible for the refund. However, despite this compliance the refund was rejected. He submits tha....
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....ulated cenvat credit for which the refund was sought for was very much lying unutilized in the cenvat account. Therefore belated debit cannot come in the ways of sanctioning the refund claim. It is not a case that the appellants have utilised accumulated credit for which they have claimed the refund. The judgment relied upon by the ld. Counsel in the case of Sandoz Pvt. Ltd. (supra), the Tribunal has considered the similar issue when the following order was passed:- "The appellants are manufacturers and registered as EOU. They are engaged in exports as well. They filed a refund claim under Rule 5 of Cenvat credit rules for a refund of accumulated credit. The conditions for filing refund claim are notified under the Notification 5/2006-C.E.....
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....failure to debit on the date of filing the refund claim is not such a lapse that it would debar the appellants from the refund. On the day of debiting the Cenvat account they have fulfilled the conditions of the notification. In that event they become entitled to refund on that date. In view of above the impugned order is set aside, the appeal is allowed with consequential benefit. The matter is remanded for the limited matter of verification of arithmetical accuracy of refund. The same is directed to be completed within a period of 30 days from the receipt of this order and refund issued." From the reading of the said decision, it can be seen that the facts are identical. 6. As per my above observation and relying on the decision of the ....