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2011 (4) TMI 1089 - HC - Central ExciseWhether the Tribunal is correct in allowing modvat credit taken under the head of Additional Excise Duty (Textile and Textile Article) i.e. AED (T&TA) towards discharging Basic Excise Duty on the clearance of manufactured excisable goods - Held that:- by insertion of the proviso, It is no more the requirement of law that credit taken for additional duty paid should be utilized only for clearing the goods if additional duty is to be paid in respect of the said goods also. As is clear from the proviso not only such a duty could be used towards payment of basic excise duty even if the duty availed in respect of an input is not used in the manufacture of final product, the benefit is available to the manufacturer, the only condition being that inputs should have been received and used in the factory for production, decision in favour of the assessee and against the revenue
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