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2023 (3) TMI 576

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....kkarwar, Member (Technical) For the Appellant : Shri Sampath Thrumala, Advocate For the Respondent : Shri S. B. P. Sinha, Authorized Representative ORDER PER: ANIL G. SHAKKARWAR Present four appeals are taken together for decision since they are arising out of a common impugned order Order-in-Appeal. 2. Brief facts of the case are that the appellants are a Portfolio Manager and h....

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.... Credit is Rs.39,75,048/-. Aggrieved by the said order, appellant is before this Tribunal. 3. Heard the Learned Counsel for the appellant. He has submitted that there was no initiation of proceedings invoking Rule 14 of the CENVAT Credit Rules for denial of availment of CENVAT Credit on the said amount during the normal period of limitation and, therefore, the refund should not have been reject....

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.... CENVAT Credit is availed by the assessee so long as the same has not been recovered by proceedings initiated by invocation of Rule 14 of CENVAT Credit Rules 2004, such credit remains on the books of accounts of the assessee and he can utilize the same in the manner provided by law. In the present case, the appellants had exported the services and, therefore, were eligible for refund of unutilized....