Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2021 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (9) TMI 353 - AT - Central ExciseCENVAT Credit - credit availed on capital goods but not utilized and maintained in the credit balance - reversal of the amount on being pointed out - applicability of exemption N/N. 30/2004-CE - HELD THAT:- Since the credit was availed but the same was reversed before utilization, it will amount to non-availment of credit as held by Hon’ble Gujarat High Court in COMMISSIONER OF CENTRAL EXCISE VERSUS ASHIMA DYECOT LTD. [2008 (9) TMI 87 - HIGH COURT GUJARAT] and maintained by Hon’ble Supreme Court reported in [2009 (3) TMI 975 - SC ORDER]. Appeal allowed - decided in favor of appellant.
|