Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether credit validly taken and utilised on inputs during the period when the final product was dutiable was required to be reversed merely because the final product became exempt on a later date, or whether the assessee was liable to debit 8% of the exempted clearances under Rule 57CC.
Analysis: The inputs were received and credit was taken during the period when the merceriser machine was dutiable. The subsequent exemption of the finished machine did not alter the fact that the credit had been lawfully availed and utilised at a time when the product was chargeable to duty. The Court applied the principle that a manufacturer cannot be expected to maintain a separate account for inputs received before the exemption was introduced in anticipation of that future change, and held that credit already taken for dutiable clearances is not liable to be reversed merely because the final product later becomes exempt.
Conclusion: The assessee was not required to reverse the credit or debit 8% of the value of the exempted machinery under Rule 57CC; the appeal was allowed in favour of the assessee.
Ratio Decidendi: Credit lawfully taken and utilised on inputs while the final product was dutiable cannot be reversed solely because the final product becomes exempt at a later stage.