9911796707
TMI Blog2020 (4) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... CE: Ms. Y. Siri Reddy, Advocate for the appellant. Shri A. Rangadham, Superintendent/AR for the respondent [ORDER PER : Mr. P.V. Subba Rao) 1. This appeal is filed by the appellant against Order-in-Appeal No. GUN-EXCUS-OOO-APP-159-18-19, dated 26.03.2019. 2. The facts of the case in brief are that the appellant is engaged in manufacture and export of granite blocks. They filed an application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority allowed the Revenue's appeal. 3. Aggrieved by this order of the first appellate authority, the present appeal is filed by the appellant with the prayer to set aside the order of the first appellate authority and sanction the refund in cash. 4. Ld. Counsel for the appellant would submit that in terms of Rule 5 of CCR 2004, refund can be allowed as per the safeguards, conditions and lim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e entitled to take back credit of the remaining CENVAT Credit in their account. However, w.e.f. 01.07.2017, CGST Act has been introduced and CENVAT Credit amounts have been abolished. Therefore, they cannot take CENVAT Credit of this accounts. In terms of Section 142 of the CGST Act, ´any amount of CENVAT Credit lying in balance as on 01.07.2017 would be carried forward as input tax credit u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of CENVAT Credit Rules 2004 but also in terms of the provisions of CGST Act 2017. At this stage, we find no inconsistency in the order of the first appellate authority inasmuch as he has followed the law as it applied during the relevant period. We also find that the appellant has so far not been put to any disadvantage because the show cause notice proposing recovery of excess refund is yet to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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