Just a moment...

Report
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2022 (11) TMI 751

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... appellant Sh. Ishwar Charan, Authorised Representative for the respondent ORDER Heard the parties. 2. The issue involved in this appeal is whether the rejection of refund claimed by the appellant-assessee, an exporter of services, under Rule 5 of Cenvat Credit Rules read with Notification No. 27/2017-ST is just and proper for alleged non-compliance of the Condition 2(h) of the Notification. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... January, 2017 to March, 2017 14.05.2018 25.06.2018 4,42,561 April, 2017 to June, 2017 Total   18,76,999   The concerned authority proposed to reject the refund claim and issued a show cause notice No. 15/AC/LN/2020 dated 24.08.2020 in respect of the said refund claims of Rs. 18,76,999/- for not providing the details of cenvat credit reversal of Rs. 18,76,999/-, as was required....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... No. 27/2012-ST. The only reason for rejection of refund, i.e. not making of debit in the Cenvat Register and not reflected in ST-3 return as required under Condition 2(h) of the said notification, is flimsy and bad in law and on facts. Admittedly, the appellant have debited the amount claimed as refund in the cenvat credit account maintained in their ledger. Further, due to implementation of GST ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....:- "In the instant case, the party has submitted certified copy of Cenvat Credit Register and also copy of ST-3 return for the relevant quarters. Thus, I find that the amount claimed by the party is less than either of cenvat amount lying in balance at the end of quarter and at the time of filing of claim. (b) Further, as per condition at Para 2(h) of the Notification No. 27/2012-CE(NT) date....