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2018 (7) TMI 1711 - AT - Central ExciseCENVAT Credit - moulds and dies - credit denied on moulds and dies cleared to job workers without reversal of Cenvat Credit - Held that:- The moulds and dies were cleared to the job workers without reversal of Cenvat Credit. If appellant had reversed the Cenvat Credit, the said job worker was entitled to take the Cenvat Credit and the said Cenvat Credit would have been used by the job workers for payment of duty of job worked goods on which the appellant has paid duty. Therefore, whole exercise is Revenue neutral - appellants are not required to reverse the Cenvat Credit on moulds and dies cleared to the job worker - credit allowed. CENVAT Credit - subsequent reduction in price of inputs by the supplier by issuance of debit notes - Held that:- It is not the case of Revenue, in debit notes the supplier had reduced the duty component of said reduced price. In terms of Rule 3 of Cenvat Credit Rules, 2004, the assessee is entitled to take Cenvat Credit of duty paid on inputs - credit allowed. CENVAT Credit - old capital goods which were cleared after use on payment of duty - Held that:- Admittedly, the capital goods in question has been put to use by the appellant and after use of the capital goods, the said capital goods has been cleared by the appellant on payment of duty on transaction value - the reversal of Cenvat Credit is not required. CENVAT Credit - inputs which has been scraped - Held that:- The said inputs are not usable by the appellant, therefore the same has been cleared as scrap on which the appellant had paid duty - the appellant is not required to reverse the Cenvat Credit. Penalties are not warranted and is set aside. Appeal allowed - decided in favor of appellant.
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