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Central Excise - Highlights / Catch Notes

Home Highlights November 2020 Year 2020 This

Reversal of Cenvat Credit - Exemption under the under SFIS ...


Court Challenges Revenue's Assumptions on Cenvat Credit Reversal under SFIS Scheme; Rule 6(3) Misapplied Without Relevant Notification Reference.

November 2, 2020

Case Laws     Central Excise     AT

Reversal of Cenvat Credit - Exemption under the under SFIS Scheme - The dutiable goods cannot become exempted goods as per the convenience of the revenue - Moreover, the circular which has been relied by the revenue have no mention of notification in question and the Revenue has presumed that if the notification in question is not part of the Circular No. 973/07/2013-CX dated 04.09.2013 then the provisions of Rule 6 (3) is applicable. The said understanding of the revenue is against the mandate of law as it is based of assumption & presumption. - AT

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