GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (10) TMI 984 - CESTAT NEW DELHI

2015 (10) TMI 984 - CESTAT NEW DELHI - TMI - Reversal of CENVAT Credit - whether at the time of opting for area based exemption under notification no. 50/2003-CE the appellant is required to reverse Cenvat Credit attributable to inputs / input contained in work-in-progress or finished good lying in their factory is required to reverse or not - Held that:- at the time when appellant took Cenvat Credit on the inputs / capital goods their final product was dutiable and later on they opted for avail .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ok Jindal: The appellant is in appeal against the impugned order for denial of refund claim. 2. The facts of the case are that the appellant is manufacturer of electric bulbs. They are procuring inputs, capital goods etc., and availing Cenvat Credit thereon. On 02.01.2006 they opted to avail exemption under notification no. 50/2003-CE i.e. area based exemption. The revenue is of the view that as appellant has opted for exemption from duty, therefore, on 02.01.2006 whatever inputs / inputs contai .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e us. 3. The Ld. Counsel for the appellant submits that the issue of whether appellant is required to reverse Cenvat Credit attributable to the inputs / input contained in work-in-progress or finished goods was having different views of this Tribunal. Therefore, the matter was referred to the Larger Bench of this Tribunal in the case of HMT Vs. CCE-2008 (232) ELT 217 (Tri-LB), this Tribunal held that it is only at the time of availment of Cenvat Credit is to be seen whether product is dutiable o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

affirmed the view of this Tribunal taken by the Larger Bench of this Tribunal. He further submits that in the case of Apco Pharma Ltd. Vs. CCE Meerut-I-2015 (319) ELT 641 (Uttarakhand) Jurisdictional High Court has held that assessee is not required to reverse Cenvat Credit. Therefore, impugned order be set aside and refund claim be allowed. 4. On the other hand Ld. AR reiterated the findings of the impugned order. He also relied on the decision in the case of Brook Bond Upton India Ltd. Vs. CE .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version