Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2019 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (12) TMI 1328 - CESTAT AHMEDABADReversal of CENVAT Credit - not availing benefit of exemption - absolute exemption or conditional exemption - reversal sought on the ground that the said amount was utilized for payment of duty on excisable goods - benefit of N/N. 30/2004-CE. - HELD THAT:- The adjudicating authority has ordered for reversal of the accumulated credit on the ground that the appellant was availing the exemption notification No. 30/2004-CE, therefore, required to reverse the credit in terms of Rule 11(3)(ii) - it is found that such condition for reversal is only in respect of the exemption notification, which is absolute exemption, whereas, in the present case notification No. 30/2004-CE contained condition of non availment of Cenvat Credit in respect of input, input service and capital goods, therefore, the exemption is not absolute exemption. Hence, as per rule 11 of Cenvat Credit is not required to be reversed. On the identical issue this Tribunal in the case of M/S PATODIA FILAMENTS PVT. LTD., SHIVKARAN CHOUDHARY VERSUS C.C.E. & S.T., -VAPI (VICE-VERSA) [2019 (4) TMI 435 - CESTAT AHMEDABAD] has held that the Cenvat Credit was held to be admissible and the same was not required to be reversed. Appeal allowed - decided in favor of appellant.
|