Breif Issue :

FACTS AND ISSUE OF THE CASE:

In this case the appellant has filed refund of ₹ 6,24,440/- on 27.3.2018 for the quarter ending June, 2017 of the refund lying unutilized in their Cevant Credit Account of input/input service used for exportation of service in terms of Rule 5 of Cenvat Credit Rules, 2004. In terms of Notification No.27/2012-CE (NT) dated 18.6.2012, the appellant was required to debit the amount of refund claimed in Cenvat Credit account at the time of filing refund claim. The appellant has complied with the said notification but both the authorities below held that on 1.7.2017 on introduction of GST regime, they were required to reverse the deemed credit to be claimed as refund under Rule 5 of Cenvat Credit Rules, 2004 and they have not done so on the said date, therefore, the refund claim was rejected.

The appellant is in appeal against the impugned order wherein the refund claim of Rs.6,24,440/- has been denied on the ground that on 30.6.2017while shifting to GST regime, they have not debited the refund amount from the Cenvat Credit account in terms of Notification No.27/2012-CE (NT) dated 18.6.2012.