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2012 (9) TMI 864 - AT - Central ExciseRestricted benefit of Notification No. 32/1999-C.E., dated 8-7-1999 - Revenue contends that for the purpose of computation of the eligible amount the credit availability has to be considered on a daily basis and the relevant date will be the date of clearance of the goods - Held that:- two limits have been prescribed in the notification for the purpose of exemption. The upper limit is the value addition as prescribed in the notification and the lower limit is the amount of duty paid in cash. Since the duty payment is made on monthly basis and Cenvat credit is also utilized on monthly basis, there is no warrant in the notification to suggest that the computation of exemption should be made on a daily basis at all. Inasmuch as the notification prescribes the upper limit and lower limit, the appellant cannot be denied the benefit of lower limit prescribed in the notification - Decided in favour of assessee.
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