https://www.taxtmi.com/caselaws?id=119456 Cenvat credit validly taken and utilised while final products were dutiable cannot be recovered merely because the assessee later opted for exemption. Rule 9(2) requires only debit of any remaining credit balance and lapse of the unutilised balance; it does not authorise recall of credit already lawfully used. The record showed no wrongful availment or wrongful utilisation, so the recovery provisions under Rule 12 were not attracted. On that basis, the demand for the differential amount was held not permissible and the Revenue's appeal failed. en-us Tue, 28 Feb 2006 00:00:00 +0530 Mon, 18 Mar 2024 18:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=119456 Cenvat credit validly taken and utilised while final products were dutiable cannot be recovered merely because the assessee later opted for exemption. Rule 9(2) requires only debit of any remaining credit balance and lapse of the unutilised balance; it does not authorise recall of credit already lawfully used. The record showed no wrongful availment or wrongful utilisation, so the recovery provisions under Rule 12 were not attracted. On that basis, the demand for the differential amount was held not permissible and the Revenue's appeal failed. Case-Laws Central Excise Tue, 28 Feb 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=119456