Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 414 - AT - Central ExciseSSI Exemption - N/N. 8/2003- CE dated 01.03.2003 - CENVAT Credit - it was alleged that appellant have availed credit of duty and Service Tax paid on Input and Input Services and also availed the exemption benefit during the same period simultaneously - Held that:- On close reading of Paragraph 2(iii) of the Notification it is clear that the manufacturers shall not avail the credit of duty on inputs under Rule 3 or Rule 11 of the Cenvat Credit Rules paid on inputs used in the manufacture of specified goods cleared for home consumption. Thus, the Submission of the Learned Counsel that the restriction is on inputs used in the manufacture of specified goods and no input service and capital goods is justified - the denial of the CENVAT Credit on inputs is justified. Penalty - Held that:- It is a case of interpretation of the Notification and therefore, imposition of penalty is not warranted. The demand of CENVAT Credit on input along with interest is upheld - demand of CENVAT Credit on Input Service and penalty are set aside - appeal allowed in part.
|