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2016 (9) TMI 891 - PUNJAB & HARYANA HIGH COURT

2016 (9) TMI 891 - PUNJAB & HARYANA HIGH COURT - TMI - Cenvat Credit - Inputs/Services used in the manufacture of exempted goods - Rule 6 of the Cenvat Credit Rules, 2004 - respondent is clearing one of their products i.e. 100% cotton item under 'nil' rate of duty - export of goods manufactured - Held that:- once the issue involved in the present appeal has already been gone into by Hon'ble Supreme Court and judgments of Bombay High Court in the case of Union of India Vs. Sharp Menthol India Ltd .....

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houdhary, Advocate for the respondent ORDER Rajesh Bindal, J. The revenue has filed the present appeal against the order dated 30.4.2014 passed in Excise Appeal No. E/3603 of 2012, by the Customs, Excise & Service Tax Appellate Tribunal (for short 'the Tribunal') raising the following substantial questions of law: (i) Whether the respondent can avail Cenvat Credit on the Inputs/Services used in the manufacture of exempted goods, in terms of Rule 6 of the Cenvat Credit Rules, 2004, as .....

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factured were not leviable to any tax as exported out of the country. The adjudicating authority had accepted the claim to the assessee. The department aggrieved against the order passed by the adjudicating Authority had preferred appeal before the Tribunal. The Tribunal, while referring to the judgments of Bombay High Court in Repro India Ltd. Vs. Union of India, 2009 (235) E.LT. 614 (Bom) and Himachal Pradesh High Court in Commissioner of Central Excise Vs. Drish Shoes Ltd. 2010 (254) E.L.T. 4 .....

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