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CESTAT held that Rule 9(1)(b) of Cenvat Credit Rules, 2004 restricting Cenvat credit is applicable only for sale transactions, not stock transfers between units of same entity. Since transaction involved stock transfer and not sale, denial of Cenvat credit to appellant on supplementary invoice for duty paid on stock transfer was without authority of law. Appeal allowed.
CESTAT held that Rule 9(1)(b) of Cenvat Credit Rules, 2004 restricting Cenvat credit is applicable only for sale transactions, not stock transfers between units of same entity. Since transaction involved stock transfer and not sale, denial of Cenvat credit to appellant on supplementary invoice for duty paid on stock transfer was without authority of law. Appeal allowed.
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