https://www.taxtmi.com/caselaws?id=90908 For recovery of wrongly taken Modvat credit, limitation runs from the date the credit is taken, not from the date it is later utilised for duty payment. The notice in issue, which related to credit taken on gate passes during the relevant period, was issued within six months of those credit entries and was therefore within time. The argument that limitation should be computed only from utilisation was rejected because credit recorded in RG 23A Part II forms part of a running balance and the particular credit used cannot ordinarily be identified date by date. The limitation objection failed, and the demand was upheld in favour of the Revenue. en-us Tue, 23 Mar 1999 00:00:00 +0530 Wed, 12 Oct 2011 14:28:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=90908 For recovery of wrongly taken Modvat credit, limitation runs from the date the credit is taken, not from the date it is later utilised for duty payment. The notice in issue, which related to credit taken on gate passes during the relevant period, was issued within six months of those credit entries and was therefore within time. The argument that limitation should be computed only from utilisation was rejected because credit recorded in RG 23A Part II forms part of a running balance and the particular credit used cannot ordinarily be identified date by date. The limitation objection failed, and the demand was upheld in favour of the Revenue. Case-Laws Central Excise Tue, 23 Mar 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=90908