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2012 (9) TMI 881 - AT - Central ExciseDenial of CENVAT Credit - Sale of factory - Held that:- ER-1 returns showing payment of duty on the final product was being regularly filed by the appellant. Revenue is silent on the payment of duty on the goods manufactured and reflected in the said ER-1. In my views, denial of credit alone without taking into consideration the fact that such credit was used by the appellant for payment of duty on their final product which were got manufactured at Bhiwadi on job work basis is neither just nor proper. The Revenue’s entire case is based upon the sale of factory on 2-11-2004. It may not be out of place to mention here that in spite of sale of factory, appellant continued to hold Central Excise licence for manufacture of goods, which was surrendered only on 31-5-2005. The said fact along with the fact of filing of ER-1 returns and payment of duty on the final product make the appellant entitle to the availment and consequential utilisation of Modvat credit. As such I find no reasons to deny the credit to the appellant - Decided in favour of assessee.
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