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2009 (3) TMI 191 - CESTAT, MUMBAISSI unit – availment of credit on inputs used in mfg. of goods which are cleared on payment o duty - The conditions for availing SSI exemption under Notification No. 8/2003-C.E. were contained in para 2 thereof. Condition No. 2(iii) was that credit was not available on inputs when full exemption claimed for specified goods - any prudent person would construe condition No. (iii) mentioned in para 2 of the Notification, to be meaning that, SSI unit is entitled to avail Cenvat credit on inputs used in, or in relation to, the manufacture of specified goods cleared on payment of duty. Such specified goods are only those goods, which are cleared under the brand-name of third party. – Further, a proviso added to Clause (iii) of para 2 of the Notification is of much aid to correct understanding of the import of Clause (iii). – This proviso can only be considered as clarificatory in nature – assessee’s appeal allowed
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