Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (11) TMI 848 - AT - Central ExciseCenvat / Modvat credit – Cenvat Credit on Inputs lying in stock after availing SSI exemption - Interpretation of the Deemed Credit Order issued by Excise Ministry dated 1.3.94 vis-a-vis., Notification No.1/93-C.E. - Effect of the trade note No.81/94 issued by the Chandigarh Central Excise Collectorate – Held that:- following M/s. Sood Steel Industrial (P) Ltd. Versus Commissioners of Central Excise & Anr. [2009 (4) TMI 62 - HIMACHAL PRADESH HIGH COURT] - The benefits under this notification were limited to clearances of Rs. 75 lacs but this does not mean that manufacturers whose clearances exceeded Rs. 75 lacs were not availing the exemption under the notification – the trade note No.81/94 limiting this benefit to those manufacturers whose clearances do not exceed Rs. 75 lacs is totally illegal and against the deemed credit order issued by the Ministry - though the department may be bound by its trade note, the industry is not bound by the same – Assessee was entitled to avail benefit of the deemed credit order since he was availing benefit of the notification dated 28.2.1993. The Tribunal mis-interpreted the deemed credit order dated 1-3-1994 and the assesse was entitled to avail benefit of the deemed credit order since he was availing benefit of the notification dated 28-2-1993 - the trade note No. 81/94 dated 25-7-1994 cannot override the deemed credit order and the said trade note is illegal – Decided in favour of Assessee.
|