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2015 (2) TMI 36 - CESTAT NEW DELHICENVAT Credit - Capital goods - endorsed bill of entry - Held that:- The fact of receipt of capital goods and their duty paid character is also not in dispute. It is further not in dispute that the importer has also availed the credit on the same Bill of Entry. The technical and procedural objection raised by the Revenue is that Bill of Entries have not endorsed. I find that the said objection of the Revenue is too hyper-technical and not, prima facie, acceptable. Ld. JCDR submits that if the Bill of Entries itself is not endorsed, the same would lead to gross misutilisation of the facility of Cenvat credit which cannot be appreciated in the present case inasmuch as the fact of receipt of the goods and duty paid character stands verified by the Range Superintendent in favour of the assessee. Further, the fact of endorsement in the Bill of Entry is only to indicate and establish that the goods covered in the said Bill of Entry stands actually supplied to the recipient which object and purpose is clearly obtained by giving a separate declaration. I really fail to understand that when the importer himself has given a separate declaration, the purpose of endorsement on the Bill of Entries is absolutely lost and cannot be adopted as a reason for denial of Cenvat credit. - Stay granted.
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