Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (12) TMI 1140 - AT - Central ExciseDenial of Cenvat credit on Molasses - Revenue was of the view that the applicant could not have taken CENVAT credit on such molasses contained in De natured spirit – Waiver of pre-deposit – Held that:- Payment of 10% of the price of exempted product is only one such option - This cannot be thrust on any assessee especially when the assessee meticulously acts to ensure that credit is taken only in respect of inputs that are going into the manufacture of dutiable product - the appellant had maintained separate account regarding receipt, inventory and utilization and took credit on inputs used in dutiable products - the quantity of molasses that will go into dutiable product will be known only at the point of time of de-naturing – Relying upon Sakthi Sugars Ltd. Vs Commissioner of Central Excise, Salem [2007 (6) TMI 471 - CESTAT, CHENNAI] - the applicant is prima facie correct in taking the credit immediately on knowing the quantity of molasses used in the manufacture of the dutiable product - waiver of pre-deposit of dues gratned till the disposal – Stay granted.
|