https://www.taxtmi.com/caselaws?id=446135 Recovery based on a retrospective amendment was held unsustainable where the assessee's earlier excess refund was later neutralised by utilisation of accumulated CENVAT credit and no net revenue loss was shown. The subsequent reduction in refund claims meant the overall position remained revenue neutral, so the demand could not be fastened merely because an earlier period had produced a higher refund. The operative principle is that recovery cannot be sustained when the excess refund stands offset by later credit utilisation and the Revenue suffers no actual loss. en-us Tue, 21 Nov 2023 00:00:00 +0530 Mon, 27 Nov 2023 06:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446135 Recovery based on a retrospective amendment was held unsustainable where the assessee's earlier excess refund was later neutralised by utilisation of accumulated CENVAT credit and no net revenue loss was shown. The subsequent reduction in refund claims meant the overall position remained revenue neutral, so the demand could not be fastened merely because an earlier period had produced a higher refund. The operative principle is that recovery cannot be sustained when the excess refund stands offset by later credit utilisation and the Revenue suffers no actual loss. Case-Laws Central Excise Tue, 21 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446135