https://www.taxtmi.com/caselaws?id=153766 Re-credit of Cenvat credit reversed under protest was treated as permissible where the underlying admissibility dispute on capital goods credit had already been decided in the assessee's favour and the favourable order was not challenged by Revenue. In that setting, restoring the credit after final success could not be branded irregular, and the demand for recovery of credit, interest, and penalties was unsustainable. The commentary also notes that the Tribunal distinguished the Larger Bench ruling cited by Revenue on facts and relied on High Court authority recognising the right to use the amount standing to credit after the dispute ends in the assessee's favour. en-us Wed, 05 Aug 2009 00:00:00 +0530 Thu, 22 Jun 2017 13:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=153766 Re-credit of Cenvat credit reversed under protest was treated as permissible where the underlying admissibility dispute on capital goods credit had already been decided in the assessee's favour and the favourable order was not challenged by Revenue. In that setting, restoring the credit after final success could not be branded irregular, and the demand for recovery of credit, interest, and penalties was unsustainable. The commentary also notes that the Tribunal distinguished the Larger Bench ruling cited by Revenue on facts and relied on High Court authority recognising the right to use the amount standing to credit after the dispute ends in the assessee's favour. Case-Laws Central Excise Wed, 05 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=153766