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Central Excise - Highlights / Catch Notes

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Reversal of CENVAT Credit - it is the Department who are ...


Appellants' CENVAT Credit Reversal Meets Compliance; Department's Claims Unsupported Without Evidence u/r 6(3.

August 17, 2022

Case Laws     Central Excise     AT

Reversal of CENVAT Credit - it is the Department who are alleging certain non-observance, of procedures by the appellants and availment of CENVAT Credit in a proper manner, on the part of the appellants. Therefore, it was incumbent upon the Department to prove the same with cogent evidence, reasoned argument and on a legal basis. Having not discharged their onus, the Department cannot simply brush aside the submissions of the appellants. The appellants have reversed the credit attributable to the inputs or inputs services alleged to have been used in the manufacture of exempted goods - the reversal of CENVAT Credit amounts to non-availment of CENVAT Credit and therefore, demands would not sustain. - AT

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