2017 (8) TMI 827 - HC - Central Excise

CENVAT credit - dutiable product subsequently becoming exempted product - Whether the CESTAT is right in holding that credit once validly taken need not be reversed if the final products becomes exempted subsequently in view of the Rule 6(1) of CCR, 2002 which mandates reversal of credit in respect of inputs used in exempted final products? - Held that - the question of law raised is covered by the Division Bench Judgment of this Court rendered in Tractor and Farm Equipment Ltd. Vs. Commissioner of Central Excise, Madurai-II 2014 (12) TMI 905 - MADRAS HIGH COURT , where it was held that If credit can be taken against excise duty on a final product manufactured on the very day, it makes it abundantly clear that there need not be co-relation between the input and the goods cleared and as a result, validly taken credit need not be reversed - appeal dismissed - decided against Revenue.

Summary

The High Court of Madras dismissed the Revenue's appeal against a Customs, Excise and Service Tax Appellate Tribunal decision. The court upheld that once credit is validly taken, it does not need to be reversed if the final product becomes exempted later. The decision was based on a previous Division Bench Judgment and the appeal was dismissed in favor of the Assessee.