No denial of exemption of excise duty on mere taking credit of duty paid on Inputs used in manufacture of goods

Hamdard (Wakf) Laboratories Vs The Commissioner (CESTAT Allahabad)

Conclusion: Exemption of excise duty could not be denied for mere taking credit of duty paid on inputs used in the manufacture of goods as if assessee was availing such Cenvat credit and such wrongly availed Cenvat credit could be recovered under Rule 14 of Cenvat Credit Rules.  Therefore, recovery of an amount under Rule 6(3) was without the authority of law and hence demands could not be sustained under Rule 6(3) and need to be set aside.<

Please become a Premium member. If you are already a Premium member, login here to access the full content.