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2016 (12) TMI 150 - CESTAT CHANDIGARHCENVAT credit - inputs - palm oil and packing material - Vanaspati was exempted from payment of duty whereas fatty acid continued to attract Central Excise Duty - Held that: - In this case till 28.02.2005, the respondent was not manufacturing exempted goods. W.e.f 01.03.2005, the vanaspati became exemption for the payment of duty therefore, from 01.03.2005, the respondent is required to maintain separate account of inputs used in manufacturing of dutiable as well as final exempted product, but the Ld. Commissioner (A) in the impugned order has observed that the cenvat credit on inputs lying in stock as contained in exempted final finished goods i.e. vanaspati lying in stock as on 01.03.2005 was not available to the respondent. The finding of the Ld. Commissioner (A) is absolutely correct. Therefore, the Id. Commissioner (A) held that the cenvat credit on the respondent cannot be denied on dutiable final product. He further observed that the respondent can avail cenvat credit on inputs contained in dutiable final product i.e. fatty acid. The said observation of the Ld. Commissioner (A) is absolutely correct and we do not find any infirmity with the same. Appeal dismissed - decided against Revenue.
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