Disallowance of credit cannot rest upon statements but must ...

Credit Disallowance Must Align with 'Input Service' Definition; Current Order Lacks Factual Support.

January 10, 2024

Case Laws     Central Excise     AT

Disallowance of credit cannot rest upon statements but must stand the test of definition of ‘input service’ in rule 2(l) of CENVAT Credit Rules, 2004 on facts which is sorely lacking in the impugned order. The observation of the adjudicating authority that it is upto the assessee to establish eligibility is, in our view, not a correct appreciation of CENVAT Credit Rules, 2004 inasmuch as recovery, initiated under rule 14 of CENVAT Credit Rules, 2004, must engage the assessee with evidence to justify such recovery which is only then open to disputation. - AT

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