https://www.taxtmi.com/caselaws?id=446428 CESTAT Allahabad allowed the appeal, setting aside the order denying CENVAT credit. The tribunal held that Notification No.16/2009-C.E.(N.T.) dated 07.07.2009 amending Explanation 2 to Rule 2(k) of CENVAT Credit Rules cannot be applied retrospectively. The decision relied on Chhattisgarh HC's ruling in Vandana Global case which overruled CESTAT's earlier position. Multiple HC decisions including Gujarat HC and Madras HC supported prospective application of the amendment. SC precedent in Rajasthan Spinning case applying user test also supported credit admissibility on inputs used in capital goods fabrication. Penalty was also set aside as unsustainable. en-us Tue, 26 Sep 2023 00:00:00 +0530 Tue, 05 Dec 2023 07:35:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446428 CESTAT Allahabad allowed the appeal, setting aside the order denying CENVAT credit. The tribunal held that Notification No.16/2009-C.E.(N.T.) dated 07.07.2009 amending Explanation 2 to Rule 2(k) of CENVAT Credit Rules cannot be applied retrospectively. The decision relied on Chhattisgarh HC's ruling in Vandana Global case which overruled CESTAT's earlier position. Multiple HC decisions including Gujarat HC and Madras HC supported prospective application of the amendment. SC precedent in Rajasthan Spinning case applying user test also supported credit admissibility on inputs used in capital goods fabrication. Penalty was also set aside as unsustainable. Case-Laws Central Excise Tue, 26 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446428