2012 (9) TMI 383

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..... ar. 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 sale .....

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..... pital goods in the initial financial year and avail the balance 50% credit in the next financial year and the assessee had wrongly taken 100% credit in the initial financial year, the Tribunal was not justified in upholding the availment of the entire credit in the initial financial year. 3) On perusal of the order passed by the Commissioner (Appeals) as also CESTAT, it is seen that the said aut .....

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..... Tribunal deserves acceptance. 4) As regards the second question is concerned, the finding of fact recorded by the Tribunal is that the revenue has not adduced any evidence to establish that the assessee has wrongly taken credit of the sales tax paid by the assessee. Hence no fault can be found with the decision of the Tribunal on the second question. 5) The appeal is disposed of in the above t .....

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