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2021 (8) TMI 123 - AT - Service TaxRefund of unutilised cenvat credit of service tax - Requirement of debiting the amount of the refund in cenvat credit account - condition in terms of Rule 2(h) of N/N. 27/2012CE dt. 18/06/20212 satisfied or not - interest on delayed refund - HELD THAT:- The statutory auditor of the appellant has issued a certificate which is on record and was also submitted before both the authorities below and as per this certificate, the appellant has reversed the amount of ₹ 7,41,538/- twice and has not reclaimed until June 2017 and has also not carried forward under GST regime and hence are eligible for refund in terms of Rule 5 of CCR, 2004 - also, the appellant has explained in detail in their grounds of appeal, reasons of the excess debit in their letter dt. 21/12/2018 but both the authorities did not consider the same. Also, same officer granted refund for immediate past period based on debit in ledger accounts but surprisingly failed to adopt the consistent stand for the impugned period - the original authority had erred in not appreciating the cenvat ledger account which showed a positive balance of ₹ 21,51,584/- at the time of filing the refund application for the subject period and erroneously concluded that the amount lying in balance is only ₹ 2,42,312/- - the appellant is entitled for refund of unutilised cenvat credit. Interest on delay in refund - HELD THAT:- As per the decision in the case of RANBAXY LABORATORIES LTD. VERSUS UNION OF INDIA AND ORS. [2011 (10) TMI 16 - SUPREME COURT], appellant is also entitled for grant of interest on delayed refund claim beyond the period of three months. Appeal allowed - decided in favor of appellant.
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