Reversal formula of ITC on exempted supplies applicable to 'common input tax' credit

Last updated: 03 June 2021

Court :
CESTAT, New Delhi

Brief :
The Hon'ble CESTAT, New Delhi in the case of M/s National Steel & Agro Industries Limited v. Principal commissioner [Final Order Nos. 51518-51519/2021 decided on May 25, 2021] quashed the demand under Rule 6(3)(i) of the CENVAT Credit Rules, 2004 ('the CCR') as the assessee has followed Rule 6(2) of the CCR and maintained separate records and not taken credit on inputs/input services used for exempt services i.e., trading. Further, held that nothing in the CCR prohibits an assessee from following Rule 6(2) of the CCR in respect of the inputs and input services where it is feasible to maintain separate records and follow Rule 6(3A) of the CCR in case of such inputs or input services where it is not feasible to do so.

Citation :
Final Order Nos. 51518-51519/2021 decided on May 25, 2021