Appeal Dismissed: No Refund for Unutilized CENVAT Credit by 100% Export Oriented Unit u/r 5 of Cenvat Credit Rules.

100% EOU - refund of unutilized cenvat credit - Period of limitation of one year - the present appeal is under Rule 5 of the Cenvat Credit Rules, 2004 and hence the question of refund under Section 142 does not arise. Moreover, as per Section 142, any claim for refund of CENVAT credit is fully or partially rejected, the amount so rejected shall lapse as seen from clause (3) of Section 142. - Appeal dismissed - AT .....

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