Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2021 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (9) TMI 35 - AT - Central ExciseMODVAT Credit - inputs received and thereafter cleared them as such to a 100% EOU without reversing the Modvat credit availed - applicability of Exemption N/N. 1/1995-CE dt. 04.01.1995 - HELD THAT:- Hon’ble High Court of Karnataka in the case of THE COMMISSIONER OF CENTRAL EXCISE, BANGALORE-II VERSUS M/S SOLECTRON CENTUM ELECTRONICS LTD. [2014 (10) TMI 596 - KARNATAKA HIGH COURT] and the ratio has been followed by this Bench in the case of M/S. EMERSON PROCESS MANAGEMENT CHENNAI LTD. VERSUS CCE, CHENNAI [2018 (3) TMI 252 - CESTAT CHENNAI] has held that the very same goods, which are cleared by the appellant to the EOU or towards supply of ICB, when such goods are cleared to the DTA, the department has accepted the payment of duty made by the appellant on the transaction value and on such DTA clearances have not demanded debit of the corresponding amount of CENVAT credit availed in respect of those good. The appellant is entitled to avail modvat credit / cenvat credit on inputs and entitled to clear the same without payment of duty to 100% EOU without reversing the input credit so availed - Appeal allowed - decided in favor of appellant.
|