CENVAT Credit - The Department contended that since exemption ...

Tribunal Affirms Appellant's Choice of Cenvat Credit Over Exemption, Services at Port Qualify as "Place of Removal.

March 29, 2024

Case Laws     Central Excise     AT

CENVAT Credit - The Department contended that since exemption was available under Notification No.17/2009 for these services, the appellant should have opted for the exemption route instead of claiming Cenvat credit. Additionally, the Department argued that the services were utilized after the "place of removal," making them ineligible for Cenvat credit under the amended Rule 2(l) of Cenvat Credit Rules, 2004. - However, the Tribunal concluded that the appellant had the discretion to choose between exemption and Cenvat credit under Notification No.17/2009. Moreover, the Tribunal determined that the services utilized by the appellant at the port fell within the definition of "place of removal," making them eligible for Cenvat credit. Consequently, the Tribunal dismissed the appeal filed by the Revenue.

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