CESTAT allows Refund claim of unutilised CENVAT Credit of Pre-GST regime

Oil States Industries India Pvt. Ltd Vs Commissioner of CGST & Central Excise (CESTAT Mumbai)

Refund to be granted in cash towards accumulated CENVAT credit on exports during Pre-GST regime

The CESTAT, Mumbai in the matter of M/s Oil States Industries India Pvt. Ltd v. Commissioner of CGST & Central Excise, Raigad [FINAL ORDER NO. A/85680 / 2022 dated August 5, 2022] has held that the assessee is entitled to get cash refund, if any, against CENVAT Credit available during Pre-GST regime as per provision contained in Section 142(3) of the Central Goods and Services Tax Act 2017 (“the CGST Act”).

Facts:

M/s Oil States Industries India Pvt. Ltd (“the Appellant”) had exported its manufactured articles and had accumulated CENVAT credit against exports made during the period October, 2013 and December, 2013 and filed an refund claim application  for refund of accumulated CENVAT Credit under Rule 5 of the CENVAT Credit Rules, 2004 but that was rejected as time barred by the Original Authority without any notice being sent to the Appellant.

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