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2015 (10) TMI 1240 - AT - Central ExciseAvailment of deemed credit - Notification No. 52/2001-C.E. (N.T.) Dated 29.06.2001 - Balance lying in CENVAT Credit account - Held that:- in view of the decision of the Hon’ble Gujarat High Court in the case of Commissioner of Central Excise, Ahmedabad-II vs Omkar Textile Mills Pvt. Ltd. [2008 (9) TMI 860 - GUJARAT HIGH COURT] and the decision of the Tribunal in the case of Commissioner of Central Excise, Ahmedabad vs Bajaj Processors Pvt. Ltd. [2009 (6) TMI 850 - CESTAT, AHMEDABAD]. The Hon’ble Gujarat High Court in the case of Omkar Textile Mills Pvt. Ltd. (supra) held that deemed credit earned by the assessee upto 31.03.2003 before withdrawal of deemed credit scheme, can not be lapsed. - No reason to interfere the order of the Commissioner (Appeals) - Decided against Revenue.
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