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2012 (9) TMI 877 - AT - Central ExciseWaiver of pre deposit - Denial of CENVAT Credit - Proviso to Notification No. 30/2004-C.E., dated 9-7-2004 read with Corrigendum No. 334/3/2004-TRU Part-1, dated 9-7-2004 - Held that:- appellant switched over to the exemption regime on 9-1-2006 and accordingly cleared their final products without payment of duty thereafter. The only condition attached to the exemption was embodied in the aforesaid proviso was to the effect that the exemption was not applicable to the goods in respect of which credit of duty on inputs had been taken under the provisions of the CENVAT Credit Rules 2002. It is not in dispute that the appellant did not avail CENVAT credit on inputs. The Notification did not bar the availment of CENVAT credit on capital goods - prima facie, the appellant has made out a strong case against the demand - Stay granted.
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