https://www.taxtmi.com/caselaws?id=1510 On removal of inputs as such, only the Cenvat credit actually availed on those inputs can be reversed and passed on through the invoice; any amount in excess is not admissible as buyer credit. Applying Rule 3(4) of the Cenvat Credit Rules, 2002, the excess credit was treated as contrary to the statutory limit and recoverable with interest. On penalty, the absence of clear fraud, wilful misstatement, or guilty intent justified treating the contravention as a lesser breach, so the original penalty was reduced substantially. en-us Fri, 30 Mar 2007 00:00:00 +0530 Mon, 14 Apr 2008 18:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=1510 On removal of inputs as such, only the Cenvat credit actually availed on those inputs can be reversed and passed on through the invoice; any amount in excess is not admissible as buyer credit. Applying Rule 3(4) of the Cenvat Credit Rules, 2002, the excess credit was treated as contrary to the statutory limit and recoverable with interest. On penalty, the absence of clear fraud, wilful misstatement, or guilty intent justified treating the contravention as a lesser breach, so the original penalty was reduced substantially. Case-Laws Central Excise Fri, 30 Mar 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=1510