Just a moment...
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 Modvat credit taken on inputs had to be reversed when the final product became exempt from duty after the credit was taken.
Analysis: The Tribunal applied the view that Rule 57C bars Modvat credit in relation to exempted final products and that the relevant consideration is the exemption status of the final product from the effective date of exemption. Where the final product becomes exempt, credit taken on inputs lying in stock or used in relation to such exempted goods is not sustainable and has to be reversed, even if the credit had been availed before the exemption came into force.
Conclusion: The appeal was rejected and the demand for reversal of Modvat credit was upheld, against the assessee.
Final Conclusion: Credit on inputs attributable to final products that became exempt could not be retained, and the lower order confirming reversal of credit was sustained.
Ratio Decidendi: When final products become exempt from duty, Modvat credit relating to inputs for such exempted goods must be reversed under Rule 57C.