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2015 (10) TMI 1695 - AT - Central ExciseReversal of modvat credit - credit availed on 57E certificates issued by the Customs for payment of CVD after the amendment of Section 57F (4A) w.e.f16.3.95 - ineligible document issued by the supplier who is not registered with Central Excise - Held that:- appellants have availed modvat credit of ₹ 1,14,005/- on three invoices all dated 6.8.96 issued by M/s. Bihar Alloys Steels Ltd. On perusal of the letter OC No.535/96-97 dt.30.7.96 issued by the jurisdictional Superintendent Range IX F addressed to the appellant the Superintendent informed the appellant that supplier M/s. Bihar Alloy Steels Ltd. is availing notification No.27/92-(CE-NT) dt.9.10.92 and the supplier has authorised M/s. Global Steels Pvt. Ltd. who actually fabricates the goods for M/s. Bihar Alloys Steels Ltd. and complied with all Central Excise formalities under Central Excise and Salt Act, 1944. The Range Superintendent also certified that even though M/s. Bihar Alloy Steels Ltd. is not registered under his range and does not have a e.c.c. code number, they are eligible to remove the goods under their invoices based on which they party buying the said goods can take modvat credit. - invoice issued by the supplier who is exempted from taking registration is a valid document. Further, I find that there is no dispute on the payment of Central Excise duty on the inputs. Accordingly, the appellants are eligible for credit - demand of ₹ 19,50,097/-is upheld. Demand of reversal of modvat credit of ₹ 1,14,005/- is set aside - Decided partly in favour of assessee.
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