<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2026 (1) TMI 320 - CESTAT MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=784564</link>
    <description>Penalty under s 11AC read with r 15 of the CENVAT Credit Rules, 2004 was in issue where CENVAT credit had been taken on inputs/input services later attributable to manufacture of non-excisable goods and to trading. In the absence of any SCN allegation that the credits were barred under r 3 or that the inputs were, ab initio, exclusively meant for non-excisable goods, the only possible breach was retention after such deployment. Since r 6 permits retention upon reversal, and payment of the prescribed percentage of value of exempted goods sufficed under r 6(3), invocation of r 15(2) (and consequential s 11AC) was held untenable; the revenue appeal was dismissed.</description>
    <language>en-us</language>
    <pubDate>Fri, 26 Dec 2025 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 08 Jan 2026 08:19:11 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=876652" rel="self" type="application/rss+xml"/>
    <item>
      <title>2026 (1) TMI 320 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=784564</link>
      <description>Penalty under s 11AC read with r 15 of the CENVAT Credit Rules, 2004 was in issue where CENVAT credit had been taken on inputs/input services later attributable to manufacture of non-excisable goods and to trading. In the absence of any SCN allegation that the credits were barred under r 3 or that the inputs were, ab initio, exclusively meant for non-excisable goods, the only possible breach was retention after such deployment. Since r 6 permits retention upon reversal, and payment of the prescribed percentage of value of exempted goods sufficed under r 6(3), invocation of r 15(2) (and consequential s 11AC) was held untenable; the revenue appeal was dismissed.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Fri, 26 Dec 2025 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=784564</guid>
    </item>
  </channel>
</rss>