Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2010 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (3) TMI 549 - CESTAT NEW DELHICenvat/Modvat - Documents for taking credit - The respondent are manufacturers of the goods falling under sub-heading 8708 10 10 of the Central Excise Tariff and they also availed Cenvat credit of duty on the inputs under Cenvat Credit Rules, 2004. A show cause notice dated 31-10-2005 was issued to the respondent seeking recovery of allegedly wrongly taken Cenvat credit amounting to Rs. 9,586/- alongwith interest which has been taken on the basis of an invoice issued by M/s. Golden Steel Company.Department's allegation was that the invoice issued by M/s. Golden Steel Company is not invoice issued by the 1st stage dealer or second stage dealer or a manufacturer and hence not a valid duty paying document for taking Cenvat credit. Held that - since M/s Golden Steel company had purchased the goods from M/s Gautam steel Traders who are not first stage dealer, M/s Golden Steel Company are not covered by under "second stage dealer" as define in rule 2(s). Therefore, invoice issued by M/s Golden Steel Company not a valid duty paying document for taking cenvat credit.
|