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2013 (8) TMI 155 - CESTAT NEW DELHIRule 3(7)(a) of the Cenvat credit Rules – Mistake in application of formula under Rule 3(7)(a) of the Cenvat Credit Rules – Held that:- This is not a case where the appellant have availed Cenvat credit of entire amount of duty paid by the 100% EOU in respect of DTA clearance without applying the conversion formula prescribed in Rule 3(7)(a) - The appellant in this case had calculated the admissible Cenvat credit by applying the prescribed formula but according to the department their method of calculation is incorrect - when in respect of another period, the Commissioner (Appeals) has held there was no suppression, Penalty can not be imposed - Decided in favor of Assessee.
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