Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2009 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (4) TMI 231 - CESTAT, NEW DELHIBy the impugned order, the Commissioner (Appeals) held that the Modvat credit on the inputs contained in finished goods lying in stock/work in process at the time of exercise of option of exemption notification is not available to the appellants. - The Tribunal in the case of APCO Pharma Limited v. CCE, Meerut following the Larger Bench decision in the case of HMT & Others v. CCE, Panchkula held that the credit has been taken validly and validly utilized and therefore, there is no question for reversal of the credit while opting the exemption notification - respectfully following the decision of the Tribunal in the case of APCO Pharma Limited, Impugned order is not sustainable. Accordingly, the impugned order is set aside and the appeal is allowed
|