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2011 (8) TMI 594 - GUJARAT HIGH COURTCenvat Credit - bifurcation of cenvat credit - Cenvat credit on inputs which are not dutiable was the center of controversy - Retrospective amendments provided a response from the Commissioner within two months from the date of application and payment of duty short paid with interest within 10 days from the Commissioner's communication - Held That:- when the petitioners have made a prima facie case of having paid the the duty with interest as per their calculation and also of having bifurcated the Cenvat credit attributable to exempt and non-exempt goods as suggested by the Commissioner in the impugned order, we are of the opinion that the application is required to be reexamined.
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