https://www.taxtmi.com/caselaws?id=375547 An assessee that had initially opted to pay under Rule 6(3) of the Cenvat Credit Rules, 2004 could shift to compliance under Rule 6(2) by maintaining separate accounts from 01.07.2014. The Tribunal held that Explanation I to Rule 6(3) only bars withdrawal of the Rule 6(3) option during the remaining part of the financial year, and does not prevent a taxpayer from abandoning that route and instead complying under Rule 6(2). Applying the principle that an explanation cannot override the main provision, the Tribunal found no legal bar to the switch and held that the earlier final order suffered from a mistake of law. en-us Tue, 19 Feb 2019 00:00:00 +0530 Thu, 21 Feb 2019 06:16:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=375547 An assessee that had initially opted to pay under Rule 6(3) of the Cenvat Credit Rules, 2004 could shift to compliance under Rule 6(2) by maintaining separate accounts from 01.07.2014. The Tribunal held that Explanation I to Rule 6(3) only bars withdrawal of the Rule 6(3) option during the remaining part of the financial year, and does not prevent a taxpayer from abandoning that route and instead complying under Rule 6(2). Applying the principle that an explanation cannot override the main provision, the Tribunal found no legal bar to the switch and held that the earlier final order suffered from a mistake of law. Case-Laws Central Excise Tue, 19 Feb 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=375547