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Friday 11 December 2015

The Hon'ble Supreme Court in the case of Eicher Motors v. UOI, 1999(106) E.L.T. 3 (S.C.) has observed that”……… when on the strength of the Rules available, certain acts have been done by the parties concerned, incidents following thereto must take place in accordance with the Scheme under which the duty had been paid on the manufactured products and if such a situation is sought to be altered, necessarily it follows that the right, which had accrued to a party such as the availability of a scheme, is affected and, in particular, it loses sight of the fact that the provision for facility of credit is as good as tax paid till tax is adjusted on future goods on the basis of the several commitments which would have been made by the assesses concerned. Therefore, the Scheme sought to be introduced cannot be made applicable to the goods which had already come into existence in respect of which the earlier Scheme was applied under which the assessees had availed of the credit facility for payment of taxes. It is on the basis of the earlier Scheme necessarily that the taxes have to be adjusted and payment made complete. Any manner or mode of application of the said Rule would result in affecting the rights of the assesses……………” Hence credit of taxes on stock, inputs sold/consumed and not lying in the stock can not be denied under Rule 21(4) which says that where goods as input or output lying in stock of a taxable person become tax free from a particular date, then from that date no ITC shall be admissible on sale of goods lying in stock or on using the goods as inputs for making such tax free goods.


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