https://www.taxtmi.com/caselaws?id=253552 Where an assessee maintains separate Cenvat credit accounts for inputs and capital goods, duty payment cannot be treated as short paid merely because the debit appears in the inputs register if sufficient eligible aggregate credit was available in both accounts. The relevant rules permitted utilisation of Cenvat credit for duty discharge, and the record showed that the total credit balance exceeded the credit actually used. On that basis, the duty demand and penalty were unsustainable, and the short-payment finding was set aside in favour of the assessee. en-us Thu, 04 Sep 2014 00:00:00 +0530 Thu, 27 Nov 2014 16:33:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=253552 Where an assessee maintains separate Cenvat credit accounts for inputs and capital goods, duty payment cannot be treated as short paid merely because the debit appears in the inputs register if sufficient eligible aggregate credit was available in both accounts. The relevant rules permitted utilisation of Cenvat credit for duty discharge, and the record showed that the total credit balance exceeded the credit actually used. On that basis, the duty demand and penalty were unsustainable, and the short-payment finding was set aside in favour of the assessee. Case-Laws Central Excise Thu, 04 Sep 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=253552