Taxpayer Entitled to Refund of Over Rs. 1 Crore Unutilized Cenvat Credit Despite Procedural Lapse; CGST Provisions Override Excise Act.

Appellant eligible for refund of Rs. 1,11,37,766/- unutilized Cenvat credit u/s 142(3) CGST Act despite inadvertent non-carry forward to TRAN-1. Procedural lapses cannot defeat substantive rights; specific CGST provisions override general Excise Act provisions. Interest payable on delayed refunds u/s 11BB Excise Act. Appeal allowed by CESTAT. .....

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