Reversal of CENVAT Credit: A Critical Analysis of a Recent Legal Dispute

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..... les have been brought to the fore. The case, adjudicated by the Hon'ble Calcutta High Court, delves into the intricacies of manufacturing excisable goods, both dutiable and exempt from central excise duty, and the corresponding implications for CENVAT credit under the CENVAT Credit Rules 2004​​. The Core Dispute The crux of the dispute revolved around the availing of CENVAT credit wi .....

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..... Findings The High Court, examining the facts and legal positions, found that the Show Cause Notice demanding an amount equal to 5% or 10% of the value of the exempted products under Rule 14 was not supported by law. Consequently, the appeal filed by the assessee was allowed, and the penalty imposed in the impugned order was set aside​​. The Telangana High Court Precedent A significa .....

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..... isions and Recovery of CENVAT Credit The legal framework under Sections 11A and 11B of the Excise Act and Sections 73 and 75 of the Finance Act allows for the recovery of duty not paid or short levied. Rule 14 of the CENVAT Credit Rules provides for the recovery of wrongly availed CENVAT Credit. However, the case highlighted that there is no legal provision under which an amount equal to 5% or 10 .....

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