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2017 (9) TMI 1374 - AT - Central ExciseCENVAT credit - inputs used in the work in progress destroyed in fire in their premises - Rule 5B of the Cenvat Credit Rules - Held that: - Rule 5B deals with inputs and capital goods. It does not specifically deal with work in progress. Therefore no demand in terms of Rule 5B can be raised in respect of work in progress - the only conclusion that can be reached that the inputs on which the credit was taken have been used in the process of manufacture and therefore, condition for availing input credit has been made with - reliance placed in the case of The Commissioner of Central Excise Versus M/s. Joy Foam Pvt. Ltd., Customs, Excise and Service Tax Appellate Tribunal (CESTAT) [2015 (7) TMI 386 - MADRAS HIGH COURT] - appeal allowed - decided in favor of appellant.
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