Whether manufacturer required to reverse amount of cenvate credit taken for clearing goods under exemption from excise of provision orf Rule 6(1)

Last updated: 12 July 2012

Court :
HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Brief :
Whether a manufacturer is required to reverse/pay the amount equivalent to the CENVET credit taken by him in respect of inputs which are proved to have been used in the manufacture of goods which have been cleared under exemption from excise duty, in view of the specific provisions of Rule 6(1) of CENVAT Credit Rules, 2002 (now 2004) read with Explanation II to Rule 6 (3) of the said rules which provide that no credit can be taken in respect of inputs which are used in the manufacture of exempted goods?

Citation :
Commissioner, Central Excise Chandigarh, Central Revenue Building, Plot No. 19, Sector-17C, Chandigarh-1 ........Appellant Versus M/s Ansysco, Plot No. 19 F, Sector-2, Parwanoo, District Solan (HP), through its General Manager .......Respondent