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2013 (10) TMI 1191 - CESTAT KOLKATAClandestine Removal of goods - Waiver of pre-deposit of CENVAT Credit and Penalty u/s 11AC of the CE Act r.w Rule 15(2) of the CC Rules - Revenue was of the view that the Applicant though received the CI Moulds and availed the CENVAT Credit, but instead of utilizing, cleared the same clandestinely in the guise of captive consumption – Held that:- Prima facie the Applicant were maintaining the Mould Register, wherein receipt/consumption of the CI Moulds were duly entered - after receipt of the CI Moulds, the same were utilized in the manufacture of finished goods namely, MS ingots and in the process of manufacture, the CI moulds were exhausted, and ultimately, the same were melted along with other raw materials for manufacture of the finished goods - Prima facie the finding of the ld. Commissioner that since the CI moulds were not available at the time of visit of the audit officers could not be accepted - Stay granted.
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