2012 (4) TMI 106 - AT - Service Tax

Refund - Cenvat credit unutilised - Mandate of Rule 5 of Cenvat Credit Rules, 2004, grants refund of unutilised Cenvat credit - Decided in favor of the assessee

Summary

The Appellate Tribunal CESTAT, New Delhi allowed the appeal, stating that unutilized Cenvat credit is refundable to exporters as per Rule 5 of Cenvat Credit Rules, 2004. The Tribunal disagreed with the authorities below who denied the refund, citing the judgment in the case of CCE v. Drish Shoes Ltd. The appellant succeeded in the case.