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2023 (10) TMI 591 - CESTAT AHMEDABADBar in availing the cenvat credit on the capital goods - Benefit of exemption notification No. 05/2006- CE dated 01.03.2006 - denial of exemption on the ground that the Ceramic Roller and Bellow are inputs and availment of credit on such inputs amounts to contravention of condition of the Notification No. 05/2006 –CE which is not correct - HELD THAT:- The appellant have conceded that they are ready to reverse the credit which was taken on ceramic rollers and bellow amounting to Rs. 1,57,799/- and also ready to pay interest there on. It is found that the appellant has already paid the amount of Rs. 2 Lacs, however, the interest element on the cenvat credit of Rs. 1, 57,799/- has not been quantified. If the appellant makes good the reversal of cenvat credit and interest there on which can be adjusted against Rs. 2 Lacs already paid and if there is any shortfall, the same may be paid by the appellant at the time of de-novo adjudication. Thus the appellant is entitled for the exemption Notification - The appellant are eligible for the exemption Notification No 05/2006-CE on the payment of cenvat credit and interest thereon. Appeal is allowed by way of remand to the Adjudicating Authority for computing the interest on the cenvat credit and ensure the payment thereof and thereafter a reasoned de-novo order may be passed.
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