Refund rejected in absence of proof of availability of credit amount till debit of claim amount

Rosy Blue India Pvt Ltd Vs Commissioner of GST & Central Excise (CESTAT Mumbai) CESTAT Mumbai held that notification no. 27/2012/CE (NT) dated 18th June 2012 for operationalizing of rule 5 of CENVAT Credit Rules, 2004 include debiting of the claim amount before submission of application for the same. Refund rejected for failure to furnish proof of the availability of credit till the date of write off. Facts- The appellant, trading internationally in diamonds and other precious stones, also claimed to have rendered service to overseas clients and having utilized ‘taxable service’ on whi...