https://www.taxtmi.com/caselaws?id=53452 Inadmissible utilisation of CENVAT credit for duty payment was treated as clearance without payment of appropriate duty, because the credit was not available on the relevant dates and later adjustment did not cure the defect. The Tribunal held that the duty demand was recoverable in cash and upheld the demand. On penalty, the wrongful debit attracted liability, but the full penalty was found excessive on the facts. The penalty was therefore sustained in principle but reduced to Rs. one lakh, giving partial relief while confirming the underlying duty liability. en-us Thu, 28 Oct 2004 00:00:00 +0530 Wed, 13 Oct 2010 14:08:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=53452 Inadmissible utilisation of CENVAT credit for duty payment was treated as clearance without payment of appropriate duty, because the credit was not available on the relevant dates and later adjustment did not cure the defect. The Tribunal held that the duty demand was recoverable in cash and upheld the demand. On penalty, the wrongful debit attracted liability, but the full penalty was found excessive on the facts. The penalty was therefore sustained in principle but reduced to Rs. one lakh, giving partial relief while confirming the underlying duty liability. Case-Laws Central Excise Thu, 28 Oct 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=53452