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| The Tax Publishers2020 TaxPub(EX) 236 CENVAT CREDIT RULES, 2004
Rule 5
Assessee's challenge to show cause notice proposing recovery of excess refund was not entertained by Tribunal considering that said notice was still pending to be adjudicated upon by the Asst. Commissioner.
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Refund - Unutilized Cenvat credit - Excess refund computed by Original Authority -
Assessee was engaged in manufacture and export of granite blocks. It sought refund of unutilised CENVAT Credit under rule 5 of CENVAT Credit Rules, 2004. Original authority while sanctioning refund, erroneously took sales to 100% EOUs while calculating amount of refund. Revenue filed appeal against refund order and first appellate authority allowed revenue's appeal. Held: Both Asst. Commissioner and Commissioner (Appeals) are fully competent to decide show cause notice not only in terms of CENVAT Credit Rules 2004 but also in terms of the provisions of CGST Act 2017. There were no inconsistency in order of first appellate authority inasmuch as he followed the law as it applied during relevant period. Also, assessee had so far not been put to any disadvantage because show cause notice proposing recovery of excess refund was yet to be adjudicated upon by the Asst. Commissioner.
REFERRED :
FAVOUR : Against the assessee
A.Y. :
IN THE CESTAT, HYDERABAD BENCH
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