The Assessee is free to choose the most beneficial Exemption Notification where two Exemption Notifications are available

Last updated: 17 January 2015

Court :
Hon’ble CESTAT, Ahmedabad

Brief :
The Hon’ble CESTAT, Ahmedabad relied upon its own decision in the case of Arvind Ltd. Vs. CCE [(2014) 47 taxmann.com 91/46 GST 566 (Ahd. - CESTAT)] and held that where two Exemption Notifications, one granting absolute unconditional exemption and other granting unconditional partial exemption, is available to the Assessee, the Assessee has an option to opt the Exemption Notification which is more beneficial to him. Accordingly, Section 5A(1A) of the Excise Act is inapplicable in such a case and the Cenvat credit availed by the Appellant is valid.

Citation :
Bharat Vijay Mills Vs. Commissioner of Central Excise, Ahmedabad-III [(2014) 51 taxmann.com 266 (Ahmedabad - CESTAT)]

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Broadcasts
  • Daily E-Newsletter
  • Unlimited Judgements Access
BEST VALUE
2 YEAR PLAN
3,499
(Inclusive of GST)
1 YEAR PLAN
1,999
(Inclusive of GST)
View all CCI PRO benfits

Already a PRO member? Login here for an ad-free experience.

 

Bimal Jain
Published in Excise
Views : 2150
Share Report Abuse
Comments


Recent Judgments :

  1. Forest Development Tax Demand, Collection and Refund Subject to Final Outcome of Pending Cases
  2. Forest Development Tax Demand, Collection and Refund Subject to Final Outcome of Pending Cases
  3. SC : Extended Limitation Cannot Be Invoked Where Department Was Aware of Valuation Facts
  4. SC : Selling Shares While in Possession of UPSI Constitutes Insider Trading Even if No Profit Is Made
  5. SC : Laser Imagers Compatible with Machines Under Different Tariff Headings Classifiable Under CTH 9033
  6. Education Consultancy Services to Foreign Universities Not Intermediary Services; Refund of IGST on Export of Services Allowed
  7. Penalty Cannot Be Confirmed Beyond What is Specified in Statutory Form GST DRC-01
  8. Non-Supply of Field Visit Report Vitiates Rejection of Revocation Application
  9. Alternative Remedy before GSTAT to be Exhausted Despite Allegation that Adjudication Travelled Beyond SCN
  10. ITAT Jodhpur: AO Allows ₹2.61 Crore Deduction under Sections 54EC and 54F; Assessee's Appeal Dismissed as Infructuous

View More Judgments »


Trending Online Classes

view all classess

CCI Pro
Meet our CAclubindia PRO Members
Pro Member CA Aman GargCA Aman GargPro Member Jaipal SinghJaipal SinghPro Member N N V SatishN N V SatishPro Member VIJAY M DHANAKVIJAY M DHANAKPro Member vijai guptavijai gupta
Subscribe to Pro
Join an elite circle of professionals

Browse by Category