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2015 (10) TMI 1638 - CESTAT BANGALOREDenial of CENVAT Credit - whether the appellant, who is engaged in manufacture of copper coated MS wires, is eligible for Cenvat credit - Held that:- In view of the decisions cited, the decisions were rendered taking a view that even when there is no manufacture, credit can be taken. The only difference is that in the case of the appellant, the goods were transferred to their own unit, whereas in other cases, input suppliers were there. In my opinion, appellants could have exercised and should have exercised proper assessment process in which case, there would have been no need to pay the duty again by the second unit after taking credit since there is no manufacture in the second unit. Even after the appellants were informed by the authorities, they went on taking the credit. Having regard to the facts and circumstances, in my opinion, the appellants are liable for imposition of penalty of ₹ 5,000/- that would meet the ends of justice. Accordingly the demand for Cenvat credit with interest is set aside and mandatory penalty is also set aside. - Decided in favour of assessee.
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