2017 (9) TMI 1742

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..... ara 2B of N/N. 32/99-CE, it is clear that the manufacturer would utilise the whole of Cenvat Credit first and thereafter will pay the amount by cash which would be refunded - In the present case, the appellant had not utilised the credit first which was retained by them. Hence, the order of the Adjudicating Authority for recovery of the said amount is justified. Appeal dismissed - decided again .....

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..... ise Cenvat Credit during the month subsequent to the months in which these were available when the appellants are availing exemption benefit under Notification No. 32/99-CE. Para 2B of the Notification envisages as under: 2B. In cases where all the goods purchased by a manufacturer are eligible for exemption under this notification, the exemption contained in this notification shall be subject .....

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..... issue. It is also submitted that there is no time limit envisaged for utilisation of Cenvat Credit under the Cenvat Credit Rules, 2004. I am unable to accept the submission of the Ld. Counsel for the reason that para 2B of the Notification No. 32/99-CE (supra) mandates utilisation of the whole of the Cenvat Credit first. In the present case, the appellant had not utilised the credit first which wa .....

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