Abhishek Raja "Ram"
8 months ago
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ššš¦š§šš§ š ššŗšÆš®š¶ š„šš¹š¶š»š“ š¼š» ššš”š©šš§ ššæš²š±š¶š š„š²š³šš»š± šš¹š®š¶šŗ š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "The appellant failed to provide proof of CENVAT credit availability and compliance with the conditions for claiming a refund, leading to the dismissal of the appeal."
š šš®š°šš: šš¼šŗš½š®š»š: Rosy Blue India Pvt Ltd ššššš²: Whether the appellant is entitled to a refund of CENVAT credit under Rule 5 of CENVAT Credit Rules, 2004, for services rendered to overseas clients. šš°šš¶šš¶šš: The appellant filed refund claims for CENVAT credit on services used for exporting goods, but failed to provide proof of debit of credit before submission of refund claims.
āļø ššš±š“š²šŗš²š»š: The Tribunal found that the appellant did not furnish proof of debiting the claimed amount from the CENVAT credit account, as required by Rule 5 for refund claims. Despite agreeing that procedural lapses could be rectified, the absence of evidence meant that the appeal was dismissed.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Rosy Blue India Pvt Ltd vs. Commissioner of CGST & C. Ex., Mumbai š¢šæš±š²šæ šš®šš²: 29 November 2022 š The ruling emphasizes the importance of complying with CENVAT Credit Rules and providing evidence of credit reversal before claiming a refund.
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