https://www.taxtmi.com/caselaws?id=115603 Unutilised AED Cenvat credit was held refundable under Rule 5 of the Cenvat Credit Rules, 2002 where the credit could not be adjusted against duty liability. The analysis relied on Board circulars and the subsequent amendment to the Cenvat Credit Rules, which permitted utilisation of credit of additional duty of excise towards payment of excise duty on final products. That amended framework, together with the explanatory provision, supported the view that such credit could first be adjusted and, if adjustment was not possible, refunded. The assessee was therefore entitled to refund and the Revenue's challenge failed. en-us Wed, 31 Aug 2005 00:00:00 +0530 Thu, 31 May 2012 13:25:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=115603 Unutilised AED Cenvat credit was held refundable under Rule 5 of the Cenvat Credit Rules, 2002 where the credit could not be adjusted against duty liability. The analysis relied on Board circulars and the subsequent amendment to the Cenvat Credit Rules, which permitted utilisation of credit of additional duty of excise towards payment of excise duty on final products. That amended framework, together with the explanatory provision, supported the view that such credit could first be adjusted and, if adjustment was not possible, refunded. The assessee was therefore entitled to refund and the Revenue's challenge failed. Case-Laws Central Excise Wed, 31 Aug 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=115603