https://www.taxtmi.com/caselaws?id=756951 CESTAT Kolkata allowed the appeal in a case involving recovery of excess excise duty refund. The appellant had availed CENVAT credit on inputs in November 2002 but utilized it in December 2002. The Department sought recovery claiming excess refund was sanctioned in November when credit wasn't fully utilized. Following precedent from New India Wire Cables case, the Tribunal held that utilizing the same CENVAT credit amount in subsequent months causes no revenue loss. Since no provision existed during the relevant period requiring same-month utilization of CENVAT credit, the recovery proceedings were deemed unsustainable and the impugned order was set aside. en-us Fri, 26 Jul 2024 00:00:00 +0530 Tue, 13 Aug 2024 07:04:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756951 CESTAT Kolkata allowed the appeal in a case involving recovery of excess excise duty refund. The appellant had availed CENVAT credit on inputs in November 2002 but utilized it in December 2002. The Department sought recovery claiming excess refund was sanctioned in November when credit wasn't fully utilized. Following precedent from New India Wire Cables case, the Tribunal held that utilizing the same CENVAT credit amount in subsequent months causes no revenue loss. Since no provision existed during the relevant period requiring same-month utilization of CENVAT credit, the recovery proceedings were deemed unsustainable and the impugned order was set aside. Case-Laws Central Excise Fri, 26 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756951