https://www.taxtmi.com/caselaws?id=754501 The Jharkhand HC dismissed the revenue's appeal regarding CENVAT credit rules switching. The assessee switched from Rule 6(3)(i) to 6(3)(ii) of CENVAT Credit Rules, 2004 during financial year 2008-09. The HC held that Explanation-I's restriction on switching options applies only when a manufacturer has formally exercised an option with proper intimation to Central Excise authorities. Since correspondence showed the assessee never exercised Rule 6(3)(i) option prior to May 2008, no formal option existed to restrict switching. The Commissioner erred in inferring option exercise without documentary evidence. The Tribunal correctly allowed the assessee's appeal and quashed the original order. en-us Mon, 11 Dec 2023 00:00:00 +0530 Tue, 25 Jun 2024 11:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=754501 The Jharkhand HC dismissed the revenue's appeal regarding CENVAT credit rules switching. The assessee switched from Rule 6(3)(i) to 6(3)(ii) of CENVAT Credit Rules, 2004 during financial year 2008-09. The HC held that Explanation-I's restriction on switching options applies only when a manufacturer has formally exercised an option with proper intimation to Central Excise authorities. Since correspondence showed the assessee never exercised Rule 6(3)(i) option prior to May 2008, no formal option existed to restrict switching. The Commissioner erred in inferring option exercise without documentary evidence. The Tribunal correctly allowed the assessee's appeal and quashed the original order. Case-Laws Central Excise Mon, 11 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=754501