https://www.taxtmi.com/caselaws?id=33798 Notification No. 39/2001-C.E. was interpreted as an alternative refund mechanism requiring timely intimation by the manufacturer and prompt verification by the jurisdictional officer to determine the refundable credit. The assessee had given intimation within time, but the department did not complete the required verification or determination within the stipulated period. Although the assessee later neutralised the excess credit by paying an equivalent amount in cash, that subsequent adjustment did not justify denial of the notification benefit. The principle applied was that the assessee could not be penalised for the department's own procedural failure, and the exemption/refund benefit remained available. en-us Fri, 11 Jul 2008 00:00:00 +0530 Sat, 13 Jun 2009 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=33798 Notification No. 39/2001-C.E. was interpreted as an alternative refund mechanism requiring timely intimation by the manufacturer and prompt verification by the jurisdictional officer to determine the refundable credit. The assessee had given intimation within time, but the department did not complete the required verification or determination within the stipulated period. Although the assessee later neutralised the excess credit by paying an equivalent amount in cash, that subsequent adjustment did not justify denial of the notification benefit. The principle applied was that the assessee could not be penalised for the department's own procedural failure, and the exemption/refund benefit remained available. Case-Laws Central Excise Fri, 11 Jul 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=33798