CENVAT Credit Rules not bar clearances at a price higher than purchase cost

Commissioner of Central Excise Vs Thermax Ltd. (CESTAT Mumbai)

On perusal of the records, it is seen that the respondent had procured duty paid inputs on which CENVAT credit was availed but cleared the goods, as such, on a sale value which was higher than the purchase CENVAT Credit Rules, 2004 provide for clearance of inputs, as such, subject to debit of duty that was availed as credit at the time of receipt of goods. It is not in doubt that higher duty was discharged at the time of clearance of the goods; there is thus, no

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