interest on the CENVAT credit, from the date when
such credit was wrongly availed instead of the date when
such credit was actually utilized ... interest on the CENVAT
credit, from the date when such credit was
wrongly availed instead of the date when
such credit was actually utilized
take
credit of cenvat of the various duties specified in clauses (i) to (xi)
contained therein. Rule 4 of the Cenvat Credit Rules, 2004 lays ... CENVAT credit without the receipt of goods
specified in the document based on which the said credit has
been taken;
(d) taking of CENVAT credit
civil appeal is : whether the
Department is right in reversing proportionate CENVAT credit to
the extent of power wheeled out by the appellant ... CENVAT credit.-
1. A manufacturer or producer of final products shall be allowed to take credit
(hereinafter referred to as the CENVAT credit
cleared from its unit. The manufacturer has to first
utilize the Cenvat Credit for discharging duty liability on final products,
and the remaining amount ... India.
11. Vide Notifications dated 27.3.2008 and 10.6.2008, the benefit of
Cenvat Credit was withdrawn. The appellant challenged the notification
through Writ Petition
entitlement of
the Respondents/ assessees to Modvat/ Cenvat Credit for the use of
inputs in the manufacture of final products which are exempt or subject ... credit on the date of entitlement. If on the date of entitlement, there
is no illegality or invalidity in taking credit of such modvat/ Cenvat
September,
2001 to October, 2002.
The Cenvat scheme which was in operation from
1.3.2002 was governed by Cenvat Credit Rules, 2002 inserted
by notification ... clause (d) of rule 57AA of the
Cenvat scheme followed by rule 2(f) of the Cenvat Credit Rules
of 2001 followed by rule
shall be entitled to take, in his electronic credit
ledger, credit of the unavailed CENVAT credit in respect of capital
goods, not carried forward ... shall be allowed to take, in his electronic
credit ledger, credit of the amount of CENVAT credit carried
forward in a return, furnished under
been taken under rule
3 or rule 11 of the CENVAT Credit Rules, 2002.
2
If made from textile yarns on which the appropriate
duty ... credit for duty paid on input (yarn).
Learned counsel submitted that the assessee was free to reverse the credit
before utilization of such credit
Commissioner holding that payment of duty by
debiting the Cenvat Credit was not permissible during the said period of
two months and therefore it would ... whether it was not permissible for the appellant
to utilize the Cenvat Credit during the aforesaid period of two months when
facility for payment
57AB. CENVAT credit. (1) A manufacturer or producer of
final products shall be allowed to take credit (hereinafter
referred to as the CENVAT credit ... under the CENVAT Scheme there is no
provision similar to Rule 57J of the MODVAT Scheme.
The schemes for MODVAT and CENVAT Credits being different
