Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2011 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (3) TMI 1363 - KARNATAKA HIGH COURTCenvat credit - demand of duty - Tribunal set aside the Duties on the ground that, the assessee has not availed Cenvat credit in respect of the work in progress - assessee had shown the work in progress in the balance sheets which is duly certified by the Chartered Accountant - assessee opted for exemption under the SSI scheme - correspondingly on Cenvat credit was availed as factually there was no work in progress - Tribunal considering all the material on record has recorded a categorical finding of fact that there is no evidence that there was no work in progress - no allegation that the assessee had utilized the so called credit attributable to the work in progress and the question of reversing the same would not arise, order set aside, questions of the law framed are answered in favour of the assessee and against the revenue
|