https://www.taxtmi.com/caselaws?id=756950 CESTAT Chennai allowed the appeal regarding wrongful availment of cenvat credit on Bills of Entry where duty was paid under protest during provisional assessment. The Tribunal held that Rule 9(1) of CCR 2004 does not bar credit availment during provisional assessment, and there is no restriction when duty is paid under protest, citing Monarch Catalyst Pvt. Ltd. precedent. On limitation, the Tribunal found no suppression of facts as the Department was aware of the protest payment in 2016, but issued show cause notice only in 2019, failing to establish grounds for extended period invocation. The impugned order was set aside. en-us Tue, 16 Jul 2024 00:00:00 +0530 Mon, 12 Aug 2024 15:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756950 CESTAT Chennai allowed the appeal regarding wrongful availment of cenvat credit on Bills of Entry where duty was paid under protest during provisional assessment. The Tribunal held that Rule 9(1) of CCR 2004 does not bar credit availment during provisional assessment, and there is no restriction when duty is paid under protest, citing Monarch Catalyst Pvt. Ltd. precedent. On limitation, the Tribunal found no suppression of facts as the Department was aware of the protest payment in 2016, but issued show cause notice only in 2019, failing to establish grounds for extended period invocation. The impugned order was set aside. Case-Laws Central Excise Tue, 16 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756950