https://www.taxtmi.com/caselaws?id=757569 CESTAT Kolkata dismissed Revenue's appeal challenging respondent's belated availment of CENVAT credit on additional duty of customs and CVD for imported capital goods in September 2011. The tribunal held that delayed credit availment due to ignorance does not violate CENVAT Credit Rules 2004, as no provision debars manufacturers from taking credit belatedly. Since respondent utilized the delayed credit for duty payment post-September 2011, reducing subsequent refunds, there was no excess refund or violation of Notification 20/2007-CE. Rule 14 recovery provisions were inapplicable as the credit was not irregular or contravening any rules. en-us Mon, 26 Aug 2024 00:00:00 +0530 Thu, 29 Aug 2024 08:18:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757569 CESTAT Kolkata dismissed Revenue's appeal challenging respondent's belated availment of CENVAT credit on additional duty of customs and CVD for imported capital goods in September 2011. The tribunal held that delayed credit availment due to ignorance does not violate CENVAT Credit Rules 2004, as no provision debars manufacturers from taking credit belatedly. Since respondent utilized the delayed credit for duty payment post-September 2011, reducing subsequent refunds, there was no excess refund or violation of Notification 20/2007-CE. Rule 14 recovery provisions were inapplicable as the credit was not irregular or contravening any rules. Case-Laws Central Excise Mon, 26 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757569