https://www.taxtmi.com/caselaws?id=117423 Transitional Cenvat credit under Rule 9A of the Cenvat Credit Rules, 2002 was confined to inputs physically lying in stock, in process, or contained in finished goods on the specified date, so input quantity already lost as process waste could not be included and the credit claim for such waste was rejected. For recovery of wrongly taken credit, the relevant date under Section 11A of the Central Excise Act, 1944 was the date of filing of the accepted return, not the later prescribed date, and the show cause notice issued within one year from that filing date was held to be in time. The disallowance of credit and penalty were sustained in principle, with remand only for requantification on the correct factual basis. en-us Mon, 06 Feb 2006 00:00:00 +0530 Fri, 22 Jun 2012 15:46:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=117423 Transitional Cenvat credit under Rule 9A of the Cenvat Credit Rules, 2002 was confined to inputs physically lying in stock, in process, or contained in finished goods on the specified date, so input quantity already lost as process waste could not be included and the credit claim for such waste was rejected. For recovery of wrongly taken credit, the relevant date under Section 11A of the Central Excise Act, 1944 was the date of filing of the accepted return, not the later prescribed date, and the show cause notice issued within one year from that filing date was held to be in time. The disallowance of credit and penalty were sustained in principle, with remand only for requantification on the correct factual basis. Case-Laws Central Excise Mon, 06 Feb 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=117423