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Rule 5 of Cenvat Credit Rules cannot be invoked to sanction refund of unutilized Cenvat credit
Case Law Details
- Case Name
- Mahavir Metal Manufacturing Company Vs Commissioner (Appeals) (CESTAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Delhi
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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.
FULL TEXT OF THE CESTAT DELHI ORDER
The appellant was engaged in manufacturing of umbrella/ umbrella parts and the duty structure was almost just half on the finished goods as compared to the imports in terms of Notification No. 12/2002-CE da...
