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2021 (6) TMI 62 - AT - Central ExciseArea-based exemption - Capital goods - exempt goods - N/N. 49/2003-CE dated 10.6.2003 - HELD THAT:- The credit is available to the assessee on capital goods in terms of Rule 3 of Cenvet Credit Rules, 2004 if the said goods used in the manufacture of dutiable goods. However, these capital goods have been used for manufacture of dutiable goods, in that circumstance, the assessee is entitled to take credit. Admittedly, the facts are not in dispute that these goods have been installed during the period November, 2015 to March, 2016, the appellant opted out of area based exemption which clearly indicates that the appellant used capital goods for manufacture of dutiable goods. It is admitted fact that the goods have been used by the manufacture of dutiable goods, therefore, in terms of Rule 3 of the Cenvet Credit Rule,2004 the appellant is entitled to avail credit - Appeal allowed.
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