https://www.taxtmi.com/caselaws?id=290090 Rule 14 of the Cenvat Credit Rules, 2004 was treated as permitting recovery only where credit was both wrongly availed and actually utilised. The assessee's contention that sufficient undisputed credit remained unutilised, and that no proof of utilisation of the disputed credit was shown, undermined the demand for credit recovery, interest and penalty. The record also indicated overlap with an earlier departmental recovery, raising double-recovery concerns. In the absence of demonstrated duty short payment, revenue loss, or findings of suppression, fraud, misstatement or intent to evade, the basis for extended limitation and penalty was not made out. en-us Wed, 08 Aug 2018 00:00:00 +0530 Tue, 08 Sep 2020 19:30:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290090 Rule 14 of the Cenvat Credit Rules, 2004 was treated as permitting recovery only where credit was both wrongly availed and actually utilised. The assessee's contention that sufficient undisputed credit remained unutilised, and that no proof of utilisation of the disputed credit was shown, undermined the demand for credit recovery, interest and penalty. The record also indicated overlap with an earlier departmental recovery, raising double-recovery concerns. In the absence of demonstrated duty short payment, revenue loss, or findings of suppression, fraud, misstatement or intent to evade, the basis for extended limitation and penalty was not made out. Case-Laws Central Excise Wed, 08 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290090