Classification of man-made fibre as textile permits retrospective excise recovery with interest and CENVAT credit adjustment. Note 1A classifies man-made fibre from plastic and plastic waste, including waste PET bottles, as textile under Chapter 54 or 55 effective 29 June 2010. Actions during the period from that date until assent to the Finance Bill, 2012 are retrospectively validated; duties levied during that period are deemed valid and unpaid duties must be recovered within thirty days of assent, thereafter attracting interest. Assessees may offset unavailed CENVAT credit under the CENVAT Credit Rules, 2004 when computing recoverable duty. An explanation prevents creation of new penal liability by the section.
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Provisions expressly mentioned in the judgment/order text.
Classification of man-made fibre as textile permits retrospective excise recovery with interest and CENVAT credit adjustment.
Note 1A classifies man-made fibre from plastic and plastic waste, including waste PET bottles, as textile under Chapter 54 or 55 effective 29 June 2010. Actions during the period from that date until assent to the Finance Bill, 2012 are retrospectively validated; duties levied during that period are deemed valid and unpaid duties must be recovered within thirty days of assent, thereafter attracting interest. Assessees may offset unavailed CENVAT credit under the CENVAT Credit Rules, 2004 when computing recoverable duty. An explanation prevents creation of new penal liability by the section.
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