https://www.taxtmi.com/caselaws?id=381718 Demand of duty, interest and penalty on alleged excess utilisation of CENVAT credit after refund of service tax was found unsustainable where the services were later treated as non-taxable for the relevant period. The record showed disclosure of the relevant returns and credit position, so there was no suppression or wilful misstatement to justify the extended period of limitation. The dispute was treated as different from cases involving a general restriction on CENVAT credit utilisation, and the applicable circular was read as clarifying that accumulated credit did not lapse. On those facts, the department's recovery approach failed and the assessee succeeded. en-us Mon, 17 Jun 2019 00:00:00 +0530 Mon, 17 Jun 2019 22:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=381718 Demand of duty, interest and penalty on alleged excess utilisation of CENVAT credit after refund of service tax was found unsustainable where the services were later treated as non-taxable for the relevant period. The record showed disclosure of the relevant returns and credit position, so there was no suppression or wilful misstatement to justify the extended period of limitation. The dispute was treated as different from cases involving a general restriction on CENVAT credit utilisation, and the applicable circular was read as clarifying that accumulated credit did not lapse. On those facts, the department's recovery approach failed and the assessee succeeded. Case-Laws Service Tax Mon, 17 Jun 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=381718