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2021 (12) TMI 426 - CESTAT CHANDIGARHCENVAT Credit - stock transfer - credit of duty paid on inputs received from their sister concern under stock transfer invoices - Rule 7(4) of the Cenvat Credit Rules, 2001/2002 - HELD THAT:- Rule 3 of Cenvat Credit Rules which provides for eligibility criteria of Cenvat credit does not discriminate between purchase and procurement. The only pre-condition appears to be receipt of input or capital goods in the factory of manufacture. Karnataka High Court in the case of KARNATAKA SOAPS AND DETERGENTS LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE [2010 (2) TMI 524 - KARNATAKA HIGH COURT] has upheld the view that Rule 7 which is more towards laying down the procedure cannot take precedence over Rule 3. The impugned order does not stand the scrutiny of law - Appeal allowed - decided in favor of appellant.
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