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Central Excise - Highlights / Catch Notes

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Correctness of erasure of credit already availed by prospective ...


Credit Entitlement Unaffected by Rule Deletion; Tribunal Upholds Validity of CENVAT Credit Previously Availed.

February 22, 2024

Case Laws     Central Excise     AT

Correctness of erasure of credit already availed by prospective invalidation of eligibility for retention of credit that would subject those services already procured and used in manufacture/rendering of services to the test of eligibility once again - deletion of rule 6(5) of CENVAT Credit Rules, 2004 with effect from 31st March 2011 - The Tribunal emphasizes that the deletion of rule 6(5) does not affect the validity of credit availed under rule 3 of the CENVAT Credit Rules, 2004, at the time of procurement of services. - It concludes that the appellant's entitlement to credit cannot be curtailed or impacted by the deletion of rule 6(5), and the impugned order is not sustainable.

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