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2010 (12) TMI 1019 - AT - Central ExciseInput credit procured on the strength of Cenvatable invoice/Bills of Entry wherein the name of the buyer was mentioned is the predecessor of the respondent from whom the respondent has taken over their business in total - Revenue is in appeal is that as no credit was lying against these inputs at the time of taking over of the unit of M/s. Otis Elevator Co. (I) Ltd. by the respondent, the respondent is not entitled to take the credit - Held that:- Omission on the part of the consignor not showing consignee’s name and address cannot result in denial of substantive concession to the assessee inasmuch as in the instant case the receipt of the inputs has not been disputed, neither the duty paid nature of the same, hence the assessee is entitled to take the credit on the inputs procured by them against the Cenvatable invoice. respondent is entitled to take input credit on the inputs procured by them on the strength of Cenvatable invoice/Bill of Entry against which they have received the goods in their factory, appeal filed by the Revenue is rejected.
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