https://www.taxtmi.com/caselaws?id=447990 CESTAT Mumbai held that appellant manufacturing both taxable and exempt medicaments was not liable for 5% or 10% recovery on exempt goods value. Appellant had debited entire CENVAT credit on input services and did not avail credit on inputs for exempt products. Following precedent in Secure Meters Ltd., tribunal ruled that debiting availed credit is equivalent to never availing it. Since no CENVAT credit was effectively availed for exempt goods, recovery provisions did not apply. Demand and penalties were set aside, appeal allowed. en-us Mon, 08 Jan 2024 00:00:00 +0530 Wed, 10 Jan 2024 09:18:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=447990 CESTAT Mumbai held that appellant manufacturing both taxable and exempt medicaments was not liable for 5% or 10% recovery on exempt goods value. Appellant had debited entire CENVAT credit on input services and did not avail credit on inputs for exempt products. Following precedent in Secure Meters Ltd., tribunal ruled that debiting availed credit is equivalent to never availing it. Since no CENVAT credit was effectively availed for exempt goods, recovery provisions did not apply. Demand and penalties were set aside, appeal allowed. Case-Laws Central Excise Mon, 08 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=447990