Right to avail Cenvat credit at the time of coming out of exemption scheme cannot be curtailed

M/s Sanwariya Tiles Pvt. Ltd Vs CEC&CGST (CESTAT Delhi)

There is no dispute about the appellant’s entitlement to avail the credit of the inputs lying in stock as on the date of their crossing the exemption limit, in terms of Rule 3(2) of the Cenvat Credit Rules, 2004. There is also no dispute about the quantum of inputs lying in stock, either as such or as contained in final product lying in stock. The only objection of the Revenue is in terms of Rule 4(1) of the Cenvat Credit Rules which permits availment of credit wi

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