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2017 (2) TMI 191 - CESTAT MUMBAICredit of NCCD on POY - Held that: - I find that show-cause notice has been issued for wrong availment and utilization of the credit taken of NCCD. So far as the availment of credit is concerned, the issue is covered by the decision of the Tribunal in the case of Silvassa Industries Pvt. Ltd. [2005 (12) TMI 136 - CESTAT, MUMBAI] wherein it was held that Firstly, PTY cannot be considered as exempted goods as other duties are imposable on the same. Secondly, if PTY is exported, the appellants would be entitled to use NCCD credit or get a refund of the same. NCCD credit can and has also been utilized on clearance of POY itself - Appeal dismissed - decided in favor of the assessee.
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