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2014 (7) TMI 945 - HC - Central ExciseCenvat Credit - Whether the Modvat Credit can be taken on the inputs, which were not suffered duty? - import of goods - allegation that CHA has committed fraud upon revenue - department argues that there is no credit of the customs duty - Held that:- The order in original does not indicate that the subject demand drafts have been credited to any other partys account. It is not in dispute that the amounts were credited to the Consolidated Fund of Union of India, in which event, it is not permissible for the Department to argue that no such amounts have been credited to the account of the Department. In that view of the matter, the finding of the Tribunal with respect to the payment of customs duty against the Bills of Entries Nos.4165 and 72430 is unexceptionable. Once the amount of customs duty having been paid is accepted, the entitlement of Modvat Credit cannot be denied. - Decided in favor of assessee.
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