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2017 (4) TMI 324 - AT - Central ExciseCENVAT credit - SSI exemption - Rule 11 of CCR, 2004 - while opting exemption in terms of small scale notification, the balance credit, if any, would lapse, in terms of Rule 11 of CCR, 2004 and as such would not be available for utilisation - the contention of the appellant is that it has carried forward and utilised the credit during the period 1-4-2010. As such the SCN issued on 21-3-2010 is barred by limitation. They have also taken an additional ground that apart from clearing the kraft paper under exemption, they also paid paper cess at the rate of 125% of the assessable value u/s 9 of the Industries (Development and Regulation) Act, 1951, which is nothing but the duty of excise - Held that: - the matter needs to be go back for considering the plea of the assessee - appeal allowed by way of remand.
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