2020 (4) TMI 199

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....AO, MEMBER (TECHNICAL) APPEARANCE: Ms. Y. Siri Reddy, Advocate for the appellant. Shri A. Rangadham, Superintendent/AR for the respondent [ORDER PER : Mr. P.V. Subba Rao) 1. This appeal is filed by the appellant against Order-in-Appeal No. GUN-EXCUS-OOO-APP-159-18-19, dated 26.03.2019. 2. The facts of the case in brief are that the appellant is engaged in manufacture and export o....

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....der Rule 5. Accordingly, the first appellate authority allowed the Revenue's appeal. 3. Aggrieved by this order of the first appellate authority, the present appeal is filed by the appellant with the prayer to set aside the order of the first appellate authority and sanction the refund in cash. 4. Ld. Counsel for the appellant would submit that in terms of Rule 5 of CCR 2004, refund can be a....

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.... refund which is sanctioned. Therefore, they are entitled to take back credit of the remaining CENVAT Credit in their account. However, w.e.f. 01.07.2017, CGST Act has been introduced and CENVAT Credit amounts have been abolished. Therefore, they cannot take CENVAT Credit of this accounts. In terms of Section 142 of the CGST Act, ´any amount of CENVAT Credit lying in balance as on 01.07.2....