Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (5) TMI 1010 - AT - Central ExciseModvat and Cenvat credits reversed (paid back) - value of inputs lying in the factory were reduced for the relevant financial years, while preparing Annual Balance Sheets - Demand for Central Excise duty in respect of inputs written off in Annual Balance Sheets - Held that:- Prior to amendment of Rule 5B of the Cenvat Credit Rules on 11-5-2007, there was no provision requiring reversal of the credit when the inputs were partially or fully written off but no removal. In view of the precedent decision, cited by learned counsel and also other submissions which were made, we find that this demand is not sustainable and accordingly, is set aside. - Decided in favour of assessee Demand on the ground that the appellant failed to account for 504 Nos. of personal computers - 504 Nos. of personal computers “recorded excess in their annual accounts than RG 1 Register” were not accounted - Held that:- Learned counsel however could not explain as to why there was an observation about excess recording in the Annual Balance Sheet and why no reconciliation statement was submitted and copy of the relevant registers were also not provided. Even though it is more than 16 years and even now, the appellant did not have all the details. - Decided against assessee. Demand on OMC computer systems supplied against order of the Department of Telecommunication (DOT), Government of India - Held that:- The appellant claimed that they could explain the payment of differential duty in respect of each and every clearance. However, this submission is not supported by records. Therefore we are unable to consider this submission also favourably.In view of the above, the appellant failed to make out a case as regards of demands - Decided against assessee.
|