https://www.taxtmi.com/caselaws?id=290787 CENVAT credit on capital goods is treated as arising upon delivery and receipt in the factory, rather than upon later assembly, installation or use. Where credit was not taken in the relevant years, a refund claimed on the basis of non-availment of credit exceeded the entitlement available under the exemption notification and remained recoverable, particularly where the refund claim did not fully disclose the non-availment. However, later availment of credit could not itself be denied or recovered without a legal basis. The resulting position sustains recovery of excess refund while removing the demand directed at subsequently availed CENVAT credit. en-us Fri, 23 Mar 2018 00:00:00 +0530 Fri, 16 Oct 2020 10:51:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290787 CENVAT credit on capital goods is treated as arising upon delivery and receipt in the factory, rather than upon later assembly, installation or use. Where credit was not taken in the relevant years, a refund claimed on the basis of non-availment of credit exceeded the entitlement available under the exemption notification and remained recoverable, particularly where the refund claim did not fully disclose the non-availment. However, later availment of credit could not itself be denied or recovered without a legal basis. The resulting position sustains recovery of excess refund while removing the demand directed at subsequently availed CENVAT credit. Case-Laws Central Excise Fri, 23 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290787