Buyer can avail credit even it is not payable or wrongly tax is charged on supply. However, no credit allowed if supplier pay duty on unconditionally exempted goods – Punjab and Haryana High Court

The High Court of Punjab in this matter held that if the duty has been paid in excess of the amount finally held to be payable, unless the excess duty paid has been refunded, the assessee could claim CENVAT credit as the department could not get the duty twice.

To read the complete judgment 2016 Taxo.online 13