Rule 5 of Cenvat Credit Rules cannot be invoked to sanction refund of unutilized Cenvat credit

Mahavir Metal Manufacturing Company Vs Commissioner (Appeals) (CESTAT Delhi)

Adjudicating Authority has not committed any error while holding that Rule 5 of Cenvat Credit Rules, 2004 cannot be invoked to sanction the refund of unutilized Cenvat credit lying with the appellant much prior to April, 2017 that too in cash as per Section 140 of CGST Act, 2017.

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