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2016 (6) TMI 509 - AT - Central ExciseAllowability of Cenvat credit - Partially Oriented Yarn - used in manufacture of Polyester texturised yarn - Held that:- Once the polyester texturised yarn was cleared upto 31.03.2003 on payment of duty at concessional rate subject to the condition that the CENVAT credit of duty paid on POY used in the manufacture of polyester texturised yarn was not availed of, the question of admissibility of credit on POY contained in such polyester texturised yarn (which had been cleared on payment of concessional rate of duty upto 31.03.2003 and in product manufactured out of such polyester texturised yarn simply would not aise. Further once POY was used in the manufacture of polyester texturised yarn, which was cleared on concessional rate of duty subject to the condition that credit on POY was not taken, the question of taking credit on POY contained in certain waste arising in process of manufacture of polyester texturised yarn would also not arise. Nowhere Rule 9A of CENVAT Credit Rules, 2002 contains anything to the contrary. - Decided against the appellant
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