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2014 (9) TMI 334 - GUJARAT HIGH COURTCENVAT Credit on capital goods used in energy saving project - denial as the capital goods were used in the manufacture of exempted product (Ammonia) exclusively - Whether the Tribunal was right in law and on facts in holding that the respondent-manufacturer was entitled to avail of Cenvat credit on capital goods on the premise that such capital goods were used for manufacture of not only Ammonia used for manufacture of fertilizer which was exempted from duty but also in the process manufactured a byproduct namely, carbon dioxide which was sold in the open market after payment of duty and that therefore, the limitation contained in Rule 6(4) of the Cenvat Credit Rules, 2004 would not apply - Held that:- Following decision of Navin Chemicals Mfg. & Trading Co. Ltd. v. Collector of Customs reported in [1993 (9) TMI 107 - SUPREME COURT OF INDIA] - Decided in favour of assessee.
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