Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2014 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (12) TMI 496 - AT - Central ExciseWaiver of pre-deposit of duty - Cenvat credit - allegation of transfer of credit to sister unit through overvaluation of goods - Held that:- Unit-II has paid the excess duty of ₹ 13,42,840/- over and above the CAS-4, and credit was availed by Unit-I. In our considered view, prima facie, the Cenvat credit cannot be denied to the Unit-I recipient of input. But, we are not impressed with the submission of the learned Counsel that it is a case of revenue neutrality and, therefore, demand is not sustainable. It is a question of fact required to be examined at length at the time of appeal hearing. The submission of the learned Counsel, the entire demand is barred by limitation, would be examined at the time of appeal hearing - Partial stay granted.
|