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2010 (11) TMI 820 - CESTAT, NEW DELHIStay petition - Cenvat Credit on the inputs in work in progress and inputs containing in finished goods - Held that:- Appellant is entitled for credit on the inputs in work in progress and inputs containing in finished goods as on the date the inputs work in progress lying in their stock and on the date of cross of SSI exemption limit. Accordingly, the appellant is entitled for credit on the inputs containing in work in progress and inputs containing in finished goods. The only dispute remains how much of the inputs gone in work in progress and how much inputs containing in the finished goods. For this aspect, the matter needs further examination by the adjudicating authority. Hence, the mater is sent back to the adjudicating authority to ascertain the quantity of inputs by applying the formula input and output ratio and to ascertain how much the manufacturer is entitled to claim the credit, stay petition is also disposed in the above manner.
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