https://www.taxtmi.com/caselaws?id=427321 For the purpose of Notification No. 39/2001-CE, only Cenvat credit actually taken and lying in the credit account could be treated as "credit available" for the requirement of first utilising the whole credit before paying duty in cash. Credit that was merely eligible to be taken, but was never availed, was not available credit within paragraph 2A, because the condition was aimed at preventing accumulation and misuse of credit. On that construction, rejection of the re-credit claim solely for non-availment of Cenvat credit was unsustainable, and the claimed re-credit was allowed. en-us Mon, 05 Sep 2022 00:00:00 +0530 Wed, 07 Sep 2022 06:45:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=427321 For the purpose of Notification No. 39/2001-CE, only Cenvat credit actually taken and lying in the credit account could be treated as "credit available" for the requirement of first utilising the whole credit before paying duty in cash. Credit that was merely eligible to be taken, but was never availed, was not available credit within paragraph 2A, because the condition was aimed at preventing accumulation and misuse of credit. On that construction, rejection of the re-credit claim solely for non-availment of Cenvat credit was unsustainable, and the claimed re-credit was allowed. Case-Laws Central Excise Mon, 05 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=427321