Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
WIP/Semi-Finished Goods destroyed in Fire: CESTAT quashes Reversal of CENVAT credit on Input Parts
In a recent ruling, the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) in Chandigarh favored Comfort Polymers Pvt. Ltd. in a case regarding the reversal of CENVAT credit. The taxpayer had faced issues with the credit on inputs used for manufacturing that were destroyed in a fire. The authorities had relied on Rule 3(5B) and 3(5C) of the CENVAT Credit Rules, 2004, to demand the reversal of this credit. However, CESTAT referred to previous judgments, such as M/s CIPY Polyurethanes Pvt. Ltd. vs. CCE, and clarified that if goods are destroyed during the manufacturing process, the reversal of CENVAT credit is not required. The tribunal set aside the demand, stating that the rules invoked by the authorities were not applicable in this context.