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2023 (10) TMI 1250 - CESTAT MUMBAIRefund in lieu of transfer to successor credit account - rejection of claim for monetization of accumulated CENVAT credit - HELD THAT:- It is on record that several disputes relating to the retrospective application of the debarring, as well as other connected issues, are pending in writ proceedings before the Hon’ble Supreme Court. Though the decision of the Tribunal in Mylan Laboratories Ltd [2020 (3) TMI 837 - CESTAT HYDERABAD] has rejected the claim for refund of unutilized cess from ineligibility after substitution of the existing tax regime with the new levy, there are several other decisions which have allowed refund of this very cess. On perusal of the said decisions, viz., that of the Tribunal in Schlumberger Asia Services Ltd [2021 (5) TMI 954 - CESTAT CHANDIGARH] and in re International Seaport Dredging Pvt Ltd [2022 (6) TMI 822 - CESTAT CHENNAI] it is seen to pertain to monetization of the cess - It would appear that the decision of the Tribunal in re Mylan Laboratories Ltd did not have the benefit of judicial determination that prompted subsequent decisions of the Tribunal. The matter is remanded back to the original authority for re-determination of eligibility in accordance with settled law on refund of accumulated CENVAT credit considering the peculiarities of the facts and circumstances therein.
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