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2012 (9) TMI 383 - HC - Central ExciseCenvat credit on capital goods - assessee availed 100% credit in the first year itself instead of 50% - Held that:- It is not the case of the revenue that the credit wrongly availed by the assessee has been utilized in the initial financial year. If the credit of the subsequent financial year wrongfully taken in the initial financial year if not utilized till the commencement of the subsequent financial year, then no prejudice is caused to the revenue - against revenue. Credit of sales taxes in Cenvat account - Held that:- As the revenue has not adduced any evidence to establish that the assessee has wrongly taken credit of the sales tax paid by the assessee no fault can be found with the decision of the Tribunal - against revenue.
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