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TMI BlogRefund of unutilized Cenvat Credit due to Export of Services before 14-3-2006 is allowedX X X X Extracts X X X X X X X X Extracts X X X X ..... Refund of unutilized Cenvat Credit due to Export of Services before 14-3-2006 is allowed X X X X Extracts X X X X X X X X Extracts X X X X ..... export of taxable services. The rule 5 was replaced by Notification no. 4/2006 and notification no. 5/2006 has been issued to Prescribes safeguards, conditions and limitations for the purpose of Rule 5 of Cenvat Credit Rules, 2004. In view of amended provisions, the appellant has filed a refund claim of unutilized cenvat credit due to export of taxable services, for the period April 2005 to. June ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2005 July 2005 to September 2005 and October 2005 to December 2005. Department denied the refund on the ground that the above amendment are prospective in nature and refund for the prior period can not be allowed. While rejecting the departmental argument, honorable CESTAT observed as under: "We, therefore, hold that in the present circumstances, where the refund claims were filed after the am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endment, and satisfies every requirement of Rule 5 and the notification issued thereunder, the refund, cannot be rejected as there was no condition in the notification or rules that such refund would apply only in respect of the exports made after 14-3-2006. Once the refunds are under the amended rules and the notification issued thereunder, as already held, the same cannot be denied merely becaus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e they relate to the exports made prior to the date of amendment."
[For full text of judgment - visit 2008 -TMI - 4049 - CESTAT, MUMBAI] X X X X Extracts X X X X X X X X Extracts X X X X
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