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2018 (9) TMI 449 - AT - Central ExciseReversal of Input tax credit - Byproduct - Hydro Carbon Ferro Chrome Slag - exempt goods or not? - Rule 6 of the CENVAT Credit Rules, 2004 - N/N.4/2006-CE - CBEC Circular No. 904/24/2009-CX dated 28/10/2009 - Held that:- The issue is no more res-entigra in view of the Circular No. 1027/15/2016-CX dated 25/04/2016 issued by the Central Board of Excise and Customs, New Delhi - It is seen that the earlier Circular No. 904/24/2009-CX (supra) stands withdrawn by the Circular No. 1027/15/2016-CX. In the Circular No. 1027/15/2016-CX, Board has concluded that dross and skimming of non-ferrous metal or any such by-product or waste, which are non-excisable goods are cleared for a consideration from the factory need to be treated as exempted goods for the purpose of reversal of credit of input and input services, in terms of Rule 6 of the CENVAT Credit Rules, 2004. Appeal dismissed - decided against appellant.
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