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2016 (10) TMI 1252 - AT - Central ExciseReversal of CENVAT Credit - unutilized balance in the Cenvat credit - SSI exemption availed - applicability of Rule 9(2) of Cenvat Credit Rules, 2002 - Held that:- Rule 9(2) of Cenvat Credit Rules, 2002 is applicable only in case an assessee has got unutilized Cenvat credit balance, on the record date, when he opts to avail exemption. Admittedly in the facts of the present case the Cenvat credit balance was nil as on 31-3-2003 - no amount was required to be reversed or paid under the provisions of Rule 9(2) of Cenvat Credit Rules, 2002 which is equivalent to the provisions under Rule 11(2) of Cenvat Credit Rules, 2004. Appeal allowed - decided in favor of appellant.
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