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2015 (10) TMI 1807 - AT - Central ExciseDenial of exemption claim - Captive consumption - Held that:- By Section 111 of the Finance Act, 2014, Notification No. 24/2012-C.E., dated 8-5-2012 has been retrospectively amended w.e.f. 17-3-2012 and the amended notification exempts not only the Polyester Staple Fibre and Polyester Filament Yarn but also the Polyester Tow manufactured and captively consumed within the factory of production from plastic scrap or plastic waste/polyester waste including waste PET bottles. Since the duty demand in this case is for the period 8-5-2012 to March, 2013, the entire duty demand is covered by the retrospective amendment to Notification No. 24/2012-C.E., dated 8-5-2012 by Section 111 of the Finance Act, 2014. - impugned order confirming the duty demand along with interest and imposition of penalty would not survive. The same is set aside. - Decided in favour of assessee.
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