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Refund of unutilized cenvat credit available on output tax payable by service receiver under RCM
Case Law Details
- Case Name
- Commissioner of CGST Delhi East Vs Anand and Anand (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Commissioner of CGST Delhi East Vs Anand and Anand (Delhi High Court)
Held that refund under rule 5 of the Cenvat Credit Rules is available on legal services offered by the assessee to the recipient of service located outside the taxable territory.
Facts-
The short issue which arises for consideration is whether the assessee is entitled to a refund of unutilized CENVAT credit. The assessee seeks a refund of unutilized CENVAT credit under the CENVAT Credit Rules, 2004 on account of export of legal services under rule 5 of the rules.
Conclusion-
A plain reading of Rule 5 of the...




