Whether benefit of SSI exemption is available if Cenvat Credit is taken - Board wants opinion

By Vijay Kumar

Board has asked the opinion of Chief Commissioners whether in view of the Supreme Court Judgement in Ramesh Food Products case, SSI benefit and cenvat credit can be simultaneously availed. Board had in F.No 267/14/06- Cx. 8 Dated 1 st June 2006 clarified that it is permissible. The Tribunal also held so in 2006-TIOL-1380-CESTAT-MAD. Please see our analysis of the issue in Open sesame

Now the Board wants comments on the same issue. Is it not settled? Or are they trying to open up the issue again?

Board's F. No. 21/1/2006 – CX I Dated: 06.10.2006