https://www.taxtmi.com/caselaws?id=76483 Section 11D of the Central Excise Act applies only where a person liable to pay duty has collected an amount as duty in excess of the duty assessed or determined; where the activity is no longer exigible to duty, amounts collected from buyers after that point do not satisfy those statutory conditions and cannot be recovered in cash. Balance Cenvat credit on capital goods is tested with reference to the time the goods are received by the manufacturer; credit validly taken does not lapse merely because the underlying process is later held not to amount to manufacture. The note records that both points were decided in favour of the assessee. en-us Thu, 23 Jul 2009 00:00:00 +0530 Mon, 28 Jun 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=76483 Section 11D of the Central Excise Act applies only where a person liable to pay duty has collected an amount as duty in excess of the duty assessed or determined; where the activity is no longer exigible to duty, amounts collected from buyers after that point do not satisfy those statutory conditions and cannot be recovered in cash. Balance Cenvat credit on capital goods is tested with reference to the time the goods are received by the manufacturer; credit validly taken does not lapse merely because the underlying process is later held not to amount to manufacture. The note records that both points were decided in favour of the assessee. Case-Laws Central Excise Thu, 23 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=76483