Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2014 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (9) TMI 979 - BOMBAY HIGH COURTDenial of CENVAT Credit - Credit on scrap - Prima facie, the Tribunal has proceeded on the footing that even if scrap has been brought in by the appellants that has specific identity and description. It ought to tally with description of the same in the invoices and then alone the credit was admissible. Apart therefrom, the Tribunal found that there were 26 heaps of goods received at site but it is the Revenue’s case, that 8 heaps were inspected and this inspection revealed that what is at site does not match with the description given in the invoices. - Appeal admitted on the following substantial question of law : Whether in the facts and circumstances of the case, the conclusion of the impugned order of the Appellate Tribunal that the goods covered by the invoices have not been received by the appellants, is sustainable in law? Whether in the facts and circumstances of the case, the Appellate Tribunal is justified in holding that Cenvat credit on the invoices issued by the dealers is not available in spite of the admitted fact that the scrap were received by the appellants in their factory? Whether on the facts and circumstance of the case, the Appellate Tribunal is correct in holding that the extended period of limitation is correctly invoked where the appellants have taken credit on the bona fide belief and also paid the excise duty to the dealer?
|