Availment of CENVAT/ Modvat credit when common inputs are used for both dutiable and exempted goods- Board’s Circulars No. 591/28/2001-CX dated 16.10.2001 and No. 654/45/2002-CX dated 19th August 2002- reg.
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CENVAT credit on common inputs clarified: credit disallowed when compliance conditions fail; board to review earlier recovery. Allowance of CENVAT credit is barred where a manufacturer fails to maintain separate accounts or comply with the prescribed alternative mechanism; rule 6(1) disallows credit on inputs used for exempted goods and precludes the subsequent taking-and-reversing of credit if the conditions are not met. The Board will further examine recovery under the alternative compliance route for earlier periods and will communicate its decision.
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Provisions expressly mentioned in the judgment/order text.
CENVAT credit on common inputs clarified: credit disallowed when compliance conditions fail; board to review earlier recovery.
Allowance of CENVAT credit is barred where a manufacturer fails to maintain separate accounts or comply with the prescribed alternative mechanism; rule 6(1) disallows credit on inputs used for exempted goods and precludes the subsequent taking-and-reversing of credit if the conditions are not met. The Board will further examine recovery under the alternative compliance route for earlier periods and will communicate its decision.
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