9911796707
TMI Blog2023 (10) TMI 1250X X X X Extracts X X X X X X X X Extracts X X X X ..... g the order of the original authority rejecting claim for monetization of accumulated CENVAT credit of Rs. 40,34,203/- as on 1st July 2017, is refund in lieu of transfer to successor credit account. In the impugned order of Commissioner of CGST & Central Excise (Appeals-II), as well as in the order of the original authority, it was held that the provision in the CENVAT Credit Rule, 2004 for such monetization did not contemplate recourse thereto when operation of law barred the transition of credit into the successor regime for neutralization of input tax credit. The appellant, a provider of taxable service, had been operating under CENVAT Credit Rules, 2004 and, along with several other taxes discharged by providers at the time of procureme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sanction the refund. Reliance was placed on the decision [Final Order No. 60844/2021 dated 24th May 2021] of the Tribunal in Schlumberger Asia Services Ltd v. Commissioner of Central Excise and Service Tax, Gurgaon-I disposing off appeal [ST/60095/2021] against order [order-in-appeal no. 43-ST-CGST-APPEAL-GURGRAM-SG-2020-21 dated 28th September 2020] of Commissioner (Appeals) CGST, Gurugram and in International Seaport Dredging Pvt Ltd v. Commissioner of GST & Central Excise, Chennai North [final order no. 40349/2022 dated 17th June 2022] disposing off appeal [ST/40436/2021] challenging order [order-in-appeal no. 09/2021 (CTA-I) dated 27th January 2021] of Commissioner of GST & Central Excise (Appeals - I), Chennai. Learned Counsel also re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he decision of the Tribunal in re Mylan Laboratories Ltd 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 re Schlumberger Asia Services Ltd and in re International Seaport Dredging Pvt Ltd, it is seen to pertain to monetization of the cess. Furthermore, it is on record, in re International Seaport Dredging Pvt Ltd, that the dispute arising from rejection of claim for transition into the new scheme is pending before the Hon'ble Supreme Court in Sutherland Global Services Pvt Ltd v. Union of India [Writ Petition no. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cumulated credit of education cess and secondary and higher education cess after these Cesses have been phased out. As these Cesses have been phased out and no new liability to pay such Cess arises, no vested right can be said to exist in relation to the accumulated credit of the past. The rule and notifications as they exist need to be followed and do not need any amendment. 28. The aforesaid policy contained in the notification dated 07.12.2015 is clearly contrary to the decisions of the High Courts and the Tribunal referred to above and, therefore, cannot be come to the aid of the Revenue. 29. It needs to be noted that CENVAT credit avail is a vested right as has held by the Supreme Court in Eicher Motors and Samtel India.' and in w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
