https://www.taxtmi.com/caselaws?id=333014 The Tribunal ruled in favor of Gem Granites, a 100% EOU, allowing them to claim CENVAT credit on High Speed Diesel (HSD) despite Rule 2(k) exclusion. Gem Granites' entitlement was supported by Notification No. 22/2003 exempting HSD procurement for EOUs from duty and Circular No. 799/32/2004-CX allowing refund under Rule 5 of CENVAT Credit Rules. The Tribunal emphasized compliance with the notification over the restrictive definition of input in Rule 2(k), rejecting the Revenue's arguments. Previous Tribunal decisions and case laws favored Gem Granites, leading to the dismissal of demands and penalties imposed by the Revenue in a judgment pronounced on 29/09/2016. en-us Thu, 29 Sep 2016 00:00:00 +0530 Fri, 18 Aug 2017 13:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=333014 The Tribunal ruled in favor of Gem Granites, a 100% EOU, allowing them to claim CENVAT credit on High Speed Diesel (HSD) despite Rule 2(k) exclusion. Gem Granites' entitlement was supported by Notification No. 22/2003 exempting HSD procurement for EOUs from duty and Circular No. 799/32/2004-CX allowing refund under Rule 5 of CENVAT Credit Rules. The Tribunal emphasized compliance with the notification over the restrictive definition of input in Rule 2(k), rejecting the Revenue's arguments. Previous Tribunal decisions and case laws favored Gem Granites, leading to the dismissal of demands and penalties imposed by the Revenue in a judgment pronounced on 29/09/2016. Case-Laws Central Excise Thu, 29 Sep 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=333014