Applicability of Rule 6 of CCR-2004, if clearance of Capital goods is made under SHIS scheme, Central Excise

[SANTOSH SHARMA]

CBEC Board has issued a Notification No. 33 / 2012 - CE, Dt. 09/07/2012 for utilisation of such scrips for payment of excise duty by the license holder which exempts an assessee /manufacturer to clear capital goods under SHIS Scheme duly debited by customs officer without payment of excise duty because duty is debited in the said scrips by the buyer of capital goods or license holder.

In this context, We would like to know your expert opinion, on the applicability of Rule 6 of  Cenvat Credit Rule, 2004 in this situation.

Regards,

SANTOSH SHARMA

Posts / Replies

[Pradeep Khatri]

Hoping that following judgment will be helpful to you.  Though it is regarding  SFIS not pertaining to SHIS.

2013 (4) TMI 303 - GUJARAT HIGH COURT