https://www.taxtmi.com/caselaws?id=32486 Rule 12CC of the Central Excise Rules, 2002, Rule 12AA of the Cenvat Credit Rules, 2004 and Notification No. 32 of 2006 were examined for their validity where they restrain utilisation of Cenvat credit pending investigation. The Bombay HC treated the restriction as carrying serious civil consequences and questioned whether delegated legislation could deny use of duly earned credit on a prima facie view of evasion before adjudication. It also considered interim restraint on utilisation, noting a prima facie case, possible revenue neutrality, and apparent arbitrariness in imposing a six-month bar without adequate reasons. en-us Fri, 16 Jan 2009 00:00:00 +0530 Sun, 01 Mar 2009 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=32486 Rule 12CC of the Central Excise Rules, 2002, Rule 12AA of the Cenvat Credit Rules, 2004 and Notification No. 32 of 2006 were examined for their validity where they restrain utilisation of Cenvat credit pending investigation. The Bombay HC treated the restriction as carrying serious civil consequences and questioned whether delegated legislation could deny use of duly earned credit on a prima facie view of evasion before adjudication. It also considered interim restraint on utilisation, noting a prima facie case, possible revenue neutrality, and apparent arbitrariness in imposing a six-month bar without adequate reasons. Case-Laws Central Excise Fri, 16 Jan 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=32486