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Central Excise - Highlights / Catch Notes

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CENVAT Credit - common inputs/input services used for ...

Case Laws     Central Excise

February 28, 2024

CENVAT Credit - common inputs/input services used for manufacture of stock transferred exempted goods (lime stone) and dutiable products (Cement/Clinker) - The Tribunal clarified that the presence of two different final products (limestone as exempted and cement/clinker as dutiable) necessitates the maintenance of separate accounts for inputs/input services used. The court rejected the appellant's interpretation and emphasized that the rules apply to their situation, thus upholding the demand for payment under Rule 6(3)(i) due to the appellant's failure to maintain separate accounts. - However, the CESTAT agreed with the appellant regarding the limitation period, noting no grounds for invoking the extended period due to the appellant's transparent documentation and periodic disclosures.

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