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Refund Claim for Unutilized CENVAT Credit Approved Despite Procedural Lapse in TRANS-1 Declaration u/s 11B and Rule 5.
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....Refund of unutilized CENVAT Credit - rejection on the ground that the appellant failed to declare the credit under TRANS-1 - not disclosing the unutilized balance of CENVAT credit in ER1 returns is only a procedural lapse and cannot be a ground to reject the refund claim - the refund claim was u/s 11B r.w. Rule 5 of CCCR which are the only provisions for seeking the refund - directed to grant refund after examination of documents....