Refund - Pre-Deposit

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..... Refund - Pre-Deposit
Query (Issue) Started By: - Adarsh Gupta Dated:- 17-7-2019 Last Reply Date:- 17-7-2019 Service Tax
Got 4 Replies
Service Tax
Dear Sir's, A Pre-Deposit was made using CENVAT and now appeal has been decided in favour of the company. The company has filed a refund application for the pre-deposit. Whether refund of CENVAT can be claimed in CASH? Regards, ADARS .....

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..... H GUPTA Reply By Rajagopalan Ranganathan: The Reply: Sir, If the assessee is in a position to utilize the credit then refund will be granted in cash. Only when the factory is closed or become fully exempted from payment of duty then the refund can be given in cash. Reply By Rajagopalan Ranganathan: The Reply: Sir, Please read if the assessee is able to utilize the credit then refund will no .....

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..... t be granted in cash. The typographical error is regretted. Reply By KASTURI SETHI: The Reply: In Central Excise Act/Rules, there was no provision of refund of Cenvat credit in cash on account of closure of the factory. This issue was under litigation. There are so many case laws in favour of the assessees. One case law based on the judgement of Supreme Court and Karnataka High Court is appended .....

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..... below :- 2018 (15) G.S.T.L. 257 (Raj.) = 2018 (8) TMI 1169 - RAJASTHAN HIGH COURT WELCURE DRUGS & PHARMACEUTICALS LTD. Versus COMMR. OF C. EX., JAIPUR Reply By SHIVKUMAR SHARMA: The Reply: Yes,You are eligible refund in cash agst. Pre-Deposit made for filling Appeal. Please refer Section 142(6)(a) of CGST Act 2017 effective from 01.07.2017 which read as under. Every proceeding of appeal, rev .....

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..... iew or reference relating to a claim for CENVAT credit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of existing law, and any amount of credit found to be admissible to the claimant shall be refunded to him in cash, notwithstanding anything to the contrary contained under the provisions of existing law other th .....

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..... an the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944.) and the amount rejected, if any, shall not be admissible as input tax credit under this Act:
Discussion Forum - Knowledge Sharing .....

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