https://www.taxtmi.com/caselaws?id=366272 A demand for reversal of Cenvat credit on sale of plant and machinery was found unsustainable where the Revenue did not prove that credit had actually been availed on the sold assets. The audit objection relied on the assessee's balance sheet and the fact of sale, but no evidence was produced to establish prior availment of credit. The burden to prove such availment lay on the Revenue, and without that foundation a presumption of required reversal could not stand. The assessee therefore succeeded. en-us Fri, 13 Jul 2018 00:00:00 +0530 Sat, 01 Sep 2018 06:07:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=366272 A demand for reversal of Cenvat credit on sale of plant and machinery was found unsustainable where the Revenue did not prove that credit had actually been availed on the sold assets. The audit objection relied on the assessee's balance sheet and the fact of sale, but no evidence was produced to establish prior availment of credit. The burden to prove such availment lay on the Revenue, and without that foundation a presumption of required reversal could not stand. The assessee therefore succeeded. Case-Laws Central Excise Fri, 13 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=366272