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2017 (6) TMI 944 - AT - Income TaxMODVAT credit - waste - Whether the clearances of paper waste for purposes of recycling is to be covered under the erstwhile Rule 57 F(4) of Central Excise Rules, 1944 as has been done by the appellant or whether they are to be considered as clearance of waste on payment of duty under rule 57F (18)? Held that: - the issue has been settled by the Larger Bench of the Tribunal in the case of Wyeth Laboratory [2000 (7) TMI 109 - CEGAT, NEW DELHI], where it was held that The rules do not impede the desire of the manufacturer to extract as much final product out of the inputs under Rule 57F(2) as possible or desired. The procedures under Rule could be 'aborted' and recourse taken to Rule 57F(4) at a stage, but only at the option of the assessee. The option to exercise the routes available between 57F(2) and 57F(4) procedures remains with the manufacturer and is not lost by a change in form of the input, due to processing - appeal allowed - decided in favor of appellant.
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