CESTAT held that Section 11B(2)(c) and (d) do not provide for ...

Unutilized Cenvat Credit Not Refundable Upon Factory Closure Under Section 11B, Export-Related Scenarios Exclusively Permitted

May 10, 2025

Case Laws Central Excise AT

CESTAT held that Section 11B(2)(c) and (d) do not provide for refund of unutilized cenvat credit upon factory closure. Rule 5 of Cenvat Credit Rules, 2004 permits refund only for export-related scenarios, not for manufacturing cessation. The appellant's contentions were rejected, finding no statutory basis for cash refund of accumulated credit. The tribunal emphasized that equitable considerations cannot override explicit statutory provisions. Despite potential financial hardship, the claim was deemed untenable as the regulations do not permit such refunds. Consequently, the appeal was dismissed, reinforcing a strict interpretation of tax credit refund regulations.

View Source

← Previous Next →

CESTAT held that Section 11B(2)(c) and (d) do not provide for ...

Unutilized Cenvat Credit Not Refundable Upon Factory Closure Under Section 11B, Export-Related Scenarios Exclusively Permitted

May 10, 2025

Case Laws Central Excise AT

You may also like:

Refund of unutilized Cenvat credit - Other than Rule 5 of Cenvat Credit Rules, there is no other provision either in Cenvat Credit Rules, 2004 or in Central Excise...

Cash refund of unutilized cenvat credit - assessee entitled to get refund lying unutilized in their Cenvat credit account on the closure of their factory - AT

CESTAT dismissed appeal concerning refund claim of unutilized Cenvat Credit under s.142(3) of CGST Act, read with Rule 5 of Cenvat Credit Rules and s.11B of Central...

Refund of CENVAT Credit - export goods or not - goods were cleared by the appellant, not for physical exports, but were cleared by them to their sister concern, who is...

CENVAT credit - input service - Business Auxiliary Service relating to sales commission - credit allowed - AT

Refund of unutilized CENVAT Credit - closure of factory - Appellant were eligible for refund of the accumulated cenvat credit as once the factory is closed, there is no...

Cenvat Credit - Input services - export of goods - CHA service - rent-a-cab service - credit allowed - AT

Reversal of Cenvat credit lying unutilized in respect of ADE(T&TA) in terms of transitional provision of Rule 11(3)(ii) of the Cenvat Credit Rules, 2004 - Rule 11(3) of...

CENVAT Credit - transfer of unutilized credit, on shifting of factory - Transfer of unutilized credit also denied on the ground that appellants have shifted on inputs...

Refund of unutilized CENVAT Credit - surrender of registration - the appellant is entitled for refund claim of unutilized cenvat credit lying in their cenvat credit...

Eligibility for refund of unutilized Cenvat credit - deemed export - Rule 5 of the Cenvat Credit Rules 2004 - clearances to an EOU is to be treated as export - refund of...

Refund claim of unutilized CENVAT credit - export of services - assessee is eligible for refund of CENVAT credit even though the output services is exempted from the...

Refund - Export of services - Non unutilized CENVAT Credit - mere mistake in ST-3 return does not disentitle the appellant for refund - Refund is to be granted on the...

Refund of CENVAT Credit - even if ST-3 return for a particular period do not show any unutilized balance of cenvat credit, the refund still is to be granted on the basis...

CENVAT credit - the services, in question, used for setting up of factory have to be treated as input service and would be eligible for Cenvat credit, as the factory has...

Quick Updates: