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Section 5B: Non-reversal of CENVAT credit.

The Central Excise Act, 1944Central Act · Act 1 of 1944

[5B. Non-reversal of CENVAT credit.-- Where an assessee has paid duty of excise on a final product and has been allowed credit of the duty or tax or cess paid on inputs, capital goods and input services used in making of the said product, but subsequently the process of making the said product is held by the court as not chargeable to excise duty, the Central Government may, by notification, order for non-reversal of such credit allowed to the assessee subject to such conditions as may be specified in the said notification:

Provided that the order for non-reversal of credit shall not apply where an assessee has preferred a claim for refund of excise duty paid by him:

Provided further that the Central Government may also specify in the notification referred to above for non-reversal of credit, if any, taken by the buyer of the said product.]

Where this provision sits

ActThe Central Excise Act, 1944
Section5B
Marginal noteNon-reversal of CENVAT credit.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 22 of 2007. . Ins. by Act 22 of 2007, s. 116.

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