TaxTMI 
TaxTMI 
2024 (9) TMI 1800
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....ed of by this common order. 2. The facts of the case are that the appellant imported goods on certain price and they could not fulfill export obligation, the appellant paid CVD duty on the exported goods and took credit thereon. Prior to 1.7.2017, the appellants were entitled to avail cenvat credit of theCVD paid for regularization of unutilized duty-free inputs imported against the Advance Authorization in terms of Rule 3 read with Rule 9 of the Cenvat Credit Rules,2004. However, post implementation of GST with effect from 1.7.2017, there is no specific provision for availing credit of CVD paid post 1.7.2017. The appellant filed refund claim in respect of CVD paid for regularization of imports after introduction of GST regime, in terms ....
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.... 1 Centax 151 (Jhar.). 6. Heard the parties and considered the submissions. 7. In all these appeals, a short issue involved is whether the appellants are entitled to cash refund of CVD paid by the appellants after 1.7.2017 in cash or not in terms of section 142 (3) of CGST Act, 2017. 8. The ld.AR for the Revenue has heavily relied on the decisions of the Ganges International Pvt.Ltd. cited (supra) saying that the Hon'ble Madras High Court remanded the matter back to the respondents for consideration observing as under: ". For all these reasons, this Court, having considered the peculiar facts and circumstances of the case, is inclined to dispose of these writ petitions with the following orders: "(i) That the impu....
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....t, duty, tax, interest or any other amount paid under the existing law is to be disposed of in accordance with the provisions of existing law and if any such amount accrues the same shall be paid in cash. Such right to refund has been conferred notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944." 10. As finding of the Hon'ble High Court is that with effect from 1.7.2017 under section 142 (3) CGST Act, the petitioner can claim refund in cash in respect of cenvat credit which is already accrued to him with effect from 1.7.2017. The petitioner specifically in view of the transitional provisions under section 140 (....
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....ment). 13. Further from a conjoint reading of subsection (3) (5) and (8A) of Section 142 of the CGST Act it is evident than that an assessee is entitled to claim refund of CVD and SAD paid after the appointed day, under the existing law, and such claim has to be disposed of according to the provisions of the existing law. As the Appellant was admittedly entitled to Cenvat credit of the said amount of Rs. 3,28,75,733/-, which is now no longer available due to implementation of GST regime, it is held that they are entitled to refund of the said amount." 12. I also find that the issue is whether any cenvat credit lying unutilized in their cevant credit account with effect from 1.7.2017, whether such cenvat credit can be refunded in....