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2014 (1) TMI 625 - CESTAT KOLKATADenial of cenvat credit - Calculation of the use of input Naptha - Waiver of Pre-deposit – Held that:- The appellant had periodically submitted the data relating to consumption of input Naptha in their factory as well as sent to M/s HPL Cogeneration Ltd to be used in the generation of electricity and steam - The relevant data relating use of electricity in their factory and at other utilities were submitted and proportionate CENVAT Credit availed on the Naptha had been reversed depending on its use - Prima facie, the data submitted by the applicant were not disputed by the department, but on its interpretation, the department arrived at a conclusion that the amount of CENVAT Credit debited by the Applicant, were not correct - There was no merit that incorrect interpretation of data by the assesse, would result in suppression of fact or mis-statement of fact - the assessee made an offer to deposit Fifteen Lakhs within the normal period is accepted – upon such submission rest of the duty to be stayed till the disposal – Partial stay granted.
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