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CENVAT Credit refund Rejected due to Limitation Can Be Claimed during Re-Opening of TRAN Window
Case Law Details
- Case Name
- Emerson Process Management Power & Water Solutions India Pvt. Ltd Vs Union of India (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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Emerson Process Management Power & Water Solutions India Pvt. Ltd Vs Union of India (Delhi High Court)
In the present case, the petitioner’s request for refund of CENVAT credit in cash was rejected for the reason that it was filed beyond the period of limitation. The petitioner submits that although it was no longer entitled to receive cash equivalent to the CENVAT credit in its account, it was nonetheless entitled to utilize the same for the specified purpose. He submits that in the circumstances, the proviso to Section 142(3) of the Act must be read in a restrictive ma...
