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Reversal of Modvat Credit ::

Last updated: 05 September 2007

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Court :
High Court

Brief :
Notification no.15/94-C.E.dated 01.03.94 exempts certain final products of chapter 39 from payment of excise duty only if credit is not taken on inputs used for manufacturing final products.The court held that reversal of Modvat credit amounts to non availment of credit on inputs but reversal should be done to claim the benefit of notification and time of reversal is irrelevant.

Citation :
Union of India Vs. Hello Minerals Water (P) Ltd.

Reversal of Modvat Credit Union of India Vs. Hello Minerals Water (P) Ltd. (2004) 174 E.L.T 422 (All.) Case Fact: Whether the reversal of Modvat credit can be treated as non-availment of credit. Decision: Notification no.15/94-C.E.dated 01.03.94 exempts certain final products of chapter 39 from payment of excise duty only if credit is not taken on inputs used for manufacturing final products.The court held that reversal of Modvat credit amounts to non availment of credit on inputs but reversal should be done to claim the benefit of notification and time of reversal is irrelevant.