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2016 (4) TMI 1328 - HC - Central ExciseCENVAT credit - excess availment of CENVAT credit - Revenue claims that discount which had been given to Bhushan Steel contained certain duty element and, therefore, Bhushan Steel should reverse the CENVAT credit duty contained in the discount. Held that:- It is not disputed by learned counsel for the appellant that Tata Steel did not claim any refund of duty on the reduced price nor is it the case of the appellant that it is not on account of subsequent negotiations that had taken place between Bhushan Steel and Tata Steel that the price of inputs procured by Bhushan Steel was reduced - Such being the position when Tata Steel has not claimed any refund of duty from the department, the department was not justified in imposing any duty with interest and penalty on Bhushan Steel. No substantial question of law, therefore, arises for consideration - appeal dismissed.
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