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2014 (2) TMI 498 - CESTAT NEW DELHIAvailment of MODVAT Credit - Credit of duty paid on the inputs lightings - Original adjudicating authority denied credit on the ground that the inputs which were received first by the appellants stand used by them in the manufacture of the final product which are already cleared - Held that:- though the adjudicating authority has correctly recorded that there are two conditions which stand imposed by the Tribunal for de novo adjudication but has wrongly added the third condition itself ‘it is equally necessary to prove the existence of in such inputs in tangible physical form’. There is no dispute that there was stock of the inputs lying in the appellant s factory as on 01.03.19997 either as such or as contained in their final product. There is also no dispute that such stock was duty paid. The only reason adopted by the adjudicating authority is that the stock of the inputs received by them earlier stands utilised and cleared in the shape of final product - there is justification for adoption of the above legal principle. As long as the inputs are available, as on 01.03.1997 in any shape or condition, the credit involved therein has to be allowed based upon the documentary evidence reflecting upon the payment of duty on the same - Following decision of Hind Lamps Vs. C.C.E., Kanpur [2006 (11) TMI 514 - CESTAT, NEW DELHI] - Decided in favour of assessee.
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