https://www.taxtmi.com/caselaws?id=240853 Cenvat credit on duty-paid raw materials supplied against invalidated advance licences was treated as supportable on a prima facie basis where an earlier Tribunal decision had already favoured the assessee. The Tribunal noted that the relevant notification and rules did not require clearance only without payment of duty, and that the revenue-neutral position remained because duty had been paid by the supplier and credit taken by the recipient. The DGFT policy circular relied on by the revenue was held not to govern this specific credit issue, so it did not override the earlier Tribunal view. On that basis, unconditional waiver of pre-deposit and stay of recovery was granted pending the appeals. en-us Mon, 04 Nov 2013 00:00:00 +0530 Wed, 23 Apr 2014 13:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=240853 Cenvat credit on duty-paid raw materials supplied against invalidated advance licences was treated as supportable on a prima facie basis where an earlier Tribunal decision had already favoured the assessee. The Tribunal noted that the relevant notification and rules did not require clearance only without payment of duty, and that the revenue-neutral position remained because duty had been paid by the supplier and credit taken by the recipient. The DGFT policy circular relied on by the revenue was held not to govern this specific credit issue, so it did not override the earlier Tribunal view. On that basis, unconditional waiver of pre-deposit and stay of recovery was granted pending the appeals. Case-Laws Central Excise Mon, 04 Nov 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=240853