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2013 (5) TMI 186 - CESTAT AHMEDABADDeemed credit taken disallowed along with interest and imposition of penalty - as per dept. merchant manufacture for whom the goods were manufactured has exported goods by forging documents - Grey fabrics received by the appellants on which deemed credit was taken - Held that:- It is not the case of the department that the inputs on which deemed credit was taken has been cleared by the appellants as such. The goods on which deemed credit was taken were duly processed/manufactured and cleared. It was only the merchant exporter who diverted the goods by forging exporter documents. On the ground of diversion of these goods by merchant exporter, it cannot be considered that grey fabrics on which deemed credit was taken were not further manufactured and accordingly cenvat credit is not deniable. In favour of assessee.
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