2017 (9) TMI 1666 - AT - Central Excise

Reversal of CENVAT Credit - benefit of N/N. 82/84 is availed - denial of benefit on the ground that the benefit of N/N. 82/84 is availed and exemption granted appellant having availed CENVAT credit on common input services is required to reverse an amount equivalent to 6% of the value of the goods - Held that - Identical issue decided in appellant own case INOX AIR PRODUCTS PVT. LTD. VERSUS CCE & ST VISAKHAPATNAM 2017 (9) TMI 500 - CESTAT HYDERABAD where reliance was placed in the case of DHARAMSI MORARJI CHEMICAL CO. LTD. Versus COMMR. OF C. EX. RAIGAD 2010 (3) TMI 561 - CESTAT MUMBAI where the very same rule 6 of Cenvat Credit Rules was invoked where the Bench has held that the provisions of Rules are not attracted in case in hand where CT-3 certificate has been issued - reversal of CENVAT Credit not required - appeal allowed - decided in favor of appellant.

Summary

The judgment by Appellate Tribunal CESTAT Hyderabad in 2017 (9) TMI 1666 involved a common question of law regarding the reversal of an amount equivalent to 8% or 10% of the value of goods cleared under Notification No 82/84 to Hindustan Shipyards Ltd. The Tribunal allowed the appeal, setting aside the contested orders based on previous decisions.