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2016 (4) TMI 108 - BOMBAY HIGH COURT

2016 (4) TMI 108 - BOMBAY HIGH COURT - 2016 (42) S.T.R. 3 (Bom.) - Cross utilization of the credit on excuse duty and service tax denied - Held that:- The accounts are maintained in relation to payments of both levies. Even that does not present any difficulty once the Revenue has issued a circular to guide the officers. That circular, a copy of which is handed over to us and contained in the compilation at page 36, is dated 30 March 2010. It is on the subject of cross utilization of credit on i .....

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ce, subject to the conditions stipulated therein. In such circumstances, the cross utilization of credit on goods and services being not covered by any restrictive provision, leave alone any prohibition or embargo, the Tribunal's order does not call for any interference. The interpretation placed on the Rule is a probable and a possible view. - Central Excise Appeal No.281 OF 2014 - Dated:- 1-2-2016 - S.C. DHARMADHIKARI AND G.S. PATEL, JJ. For the Petitioner : Mr. Y.S. Bhate with Mr. J.B. Mishra .....

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tended not to permit cross utilization of the credit on excuse duty and service tax. That is how the CENVAT Rules, 2004 and particularly the rules referred by the Tribunal in paragraph 5 of its order are worded. 3. Ordinarily an interpretation of a rule and in the light of a substantive legislation on Central Excise and Service Tax, would have raised a substantial question of law. However, we find that the Tribunal has arrived at a conclusion that the credit is admissible during the course of ma .....

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