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2017 (11) TMI 16 - AT - Central ExciseCENVAT credit - proportionate credit on exempt goods - Bulk Drugs & P.P. Medicines - classified under CTH 2939 2090 or under CTH 2942 0090? - Held that: - an identical issue has come up before this Tribunal in the assessee-Respondents' own case for the earlier period IPCA Laboratories Ltd. Vs CCE, Indore [2015 (10) TMI 2325 - CESTAT NEW DELHI], where it was held that In view of the retrospective amendment introduced by Finance Act, 2010, the appellant were entitled to reverse the proportionate cenvat credit attributable to the quantum of input services used in or in relation to manufacture of exempted final product and by foregoing this credit, they have complied with this obligation - credit allowed. CENVAT credit - denial on the ground that Hydroxy Chloroquine Sulphate (HCQS) [medicine] is not dutiable - Held that: - when the duty has been accepted on the final product by the Department, then the assessee-Respondents are entitled for the Cenvat Credit which was rightly allowed by the adjudicating authority - credit allowed. Appeal dismissed - decided against revenue.
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