Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2019 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (9) TMI 1366 - CESTAT KOLKATABenefit of abatement in terms of N/N. 1/2006-ST dated March 01, 2006 - reversal of cenvat credit with interest attributable to inputs/input services - whether amounts to non-availment of credit or not - whether subsequent reversal of credit makes BHEL ineligible to benefit under the said Notification? HELD THAT:- In the case of COMNR. OF CENTRAL EXCISE & CUSTOMS VERSUS M/S. PRECOT MERIDIAN LTD. [2015 (11) TMI 323 - SUPREME COURT] the benefit of exemption Notification No. 5/99-CE dated February 28, 1999 was available to the assessee therein subject to certain conditions being satisfied, one of which was that the assessee had not taken any modvat credit under Rule 57A or Rule 57B or Rule 57Q of the erstwhile Central Excise Rules, 1944 in the process of dyeing, printing, bleaching or mercerising in the manufacture of dyed, printed, bleached or mercerised yarn. The assessee had utilised the modvat credit in the previous two years prior to February 28, 1999 and while not availing or utilising any modvat credit after the issuance of the Notification, the assessee returned or paid back in January, 2005 even the earlier modvat credit it had taken and utilised - This decision fully covers the instant case and on respectful application thereof it is conclusive that the impugned order of the Commissioner is legal, valid and proper and that the instant appeal of the Revenue is without any merit or substance. The other contention of the Revenue that BHEL could not furnish relevant records and particulars is also incorrect. The impugned order of the Commissioner and the findings contained therein clearly shows that the relevant records and particulars were before the Commissioner, which is perused and scrutinised to arrive at findings against each project as stated in the show cause notice. No material has also been disclosed by the Revenue in support of this contention. As such, this contention is unsustainable. Appeal dismissed - decided against Revenue.
|