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2009 (9) TMI 697 - KARNATAKA HIGH COURTDisallowance of modvat credit on the ground that the appellant had claimed the duty erroneously without ensuring themselves about the eligibility conditions for the said amount on inputs, semi finished goods and finished goods lying in stocks – Held that:- Manufacturer is entitled to credit of the duty paid on inputs received by him immediately before obtaining the duty of the acknowledgment of the declaration made under Rule 57G if he satisfies such inputs are lying in stock or received in the factory on or after 1st day of March 1994 or such inputs are used in the manufacture of final products which are cleared from the factory on or after 1st day of March 1994 and that no credit has been taken by the manufacturer in respect of inputs under any other rule or notification - while giving the declaration, the manufacturer has given particulars of the stocks lying at various stages though in law he was not required to furnish the same, It is in that context the authorities seem to think that sufficient evidence is not given to show the material, which was in process, and therefore, they have disallowed the claim - This approach has no legal basis and is not supported by the aforesaid provisions - matter is remitted back to the Original Authority
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