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2020 (4) TMI 40 - AT - Central ExciseCENVAT credit - waste and scrap - plastic drums - sale of plastic drums as waste and scrap - Commissioner (Appeals) placed reliance on Board’s Circular No. 1027/15/2016-CX. dated 25.4.2016 which treats Bagasse as an exempted good for the purpose of reversal of credit of input in terms of rule 6 of the CENVAT Credit Rules 2004. - HELD THAT:- The Board’s Circular No. 1027/15/2016-CX. dated 25.4.2016, strongly relied upon by the Commissioner (Appeals) stands declared ultra virus in the case of M/S BALRAMPUR CHINI MILLS LTD. THROUGH ITS GENERAL MANAGER VERSUS UNION OF INDIA, MINISTRY OF FINANCE DEPARTMENT OF REVENUE [2019 (5) TMI 972 - ALLAHABAD HIGH COURT], where it was held that In absence of Bagasse being a manufactured final product, the obligation of reversal of CENVAT Credit under Rule (1) of the CENVAT Credit Rules, 2004 is not attracted - As such, nothing survives in the Revenue’s decision. Appeal allowed - decided in favor of appellant.
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