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Central Excise - Highlights / Catch Notes

Home Highlights December 2021 Year 2021 This

Refund of CENVAT Credit - In the present case, the appellant ...


CENVAT Credit Refund Granted Despite GST TRAN-1 Deadline; Procedural Formalities Shouldn't Block Eligibility.

December 17, 2021

Case Laws     Central Excise     AT

Refund of CENVAT Credit - In the present case, the appellant would be eligible to avail credit but for the introduction of GST law. The said right cannot be frustrated by pressing on the procedural requirement of filing TRAN-1 before 27.12.2017. The accounting practice adopted by the appellant allows to avail credit only after making payments to the vendors which has made it impossible to carry forward the credit as set out in the GST law. When the credit is eligible, the same cannot be denied by stating procedural requirements - AT

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