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2010 (2) TMI 421 - HC - Central ExciseDeemed Credit - The revenue claimed that during the relevant period form March 1988 to March 1994, the assessee wrongly availed/utilized the modvat credit, on deemed basis, on Aluminium Alloy Ingots, waste and scrap of Aluminium and waste and scrap of Zinc, which were clearly recognizable, as being non-duty paid or charged to Nil rate of duty. As such, assessee was not entitled for the Modvat credit on the inputs. Therefore, a show cause notice was issued. Held that – burden of proof that inputs used by assssee were not being duty paid or charged to nil rate of duty and in absence of any cogent material on record, the assessee cannot legally be denied.
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