Case Law Details
M/s. Stanadyne Amalgamations Pvt. Ltd. Vs M/s. AVO Carbon India Pvt. Ltd. (Madras High Court)
Madras High Court has allowed Cenvat credit of duty paid on inputs/raw material at the time of debonding of an EOU into DTA. The Court observed that proviso in Rule 3 of the Cenvat Credit Rules, 2004 inserted in 2008 by Notification No. 35/2008-C.E. (N.T.), was more in the nature of an explanation clarifying about allowing of credit on capital goods and was not a stand-alone enabling provision to provide Cenvat credit. The High Court also held that the proviso was not only not happily worded but was placed at the wrong place in Rule 3(1).
FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT
These two Appeals arise from the order of CESTAT dated 14.2.2017 and are being disposed of by this common Judgment.
2. The facts are illustratively taken from C.M.A.No.2280 of 2017 (M/s.Stanadyne Amalgamations v. Commissioner of Central Excise), which, in brief, are as under:-
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