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2017 (6) TMI 468 - AT - Central ExciseCENVAT credit - area based exemption - recovery of credit on the ground that such capital goods were utilized in the manufacture of fully exempted finished products - Held that: - at the time of procurement of the capital goods, the Appellants were manufacturing and clearing the finished products on payment of duty. Consequently, the CENVAT Credit on capital goods is allowable during the said period - The fact that from a subsequent date i.e. 07.08.2003 the Appellants opted for and started availing area base exemption will not disentitle them to the Cenvat Credit already availed - appeal allowed - decided in favor of appellant-assessee.
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