Saturday, March 15, 2014

CBEC circulars are binding on revenue, except when they are contrary to law or judgments

CBEC Circulars are binding upon revenue, except in case they are inconsistent with provisions of law or judgments of Appellate Tribunal, High Court or Supreme Court

Cenvat Credit : In absence of any provisions providing of lapse of credit not utilized as per erstwhile rule 6(3)(c) of CENVAT Credit Rules, 2004, such accumulated and unutilized under CENVAT Credit Rules, 2004 amended from 1-4-2008

Refer:[2014] 41 taxmann.com 399 (Mumbai - CESTAT)
CESTAT, MUMBAI BENCH
Idea Cellular Ltd.
v.
Commissioner of Central Excise, Thane

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