Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (1) TMI 1083 - CESTAT MUMBAIDenial of CENVAT Credit - Captive consumption - Held that:- Oxygen gas manufactured by M/s. IMIL was cleared to M/s. IIL during the period October, 2000 to March, 2001 were through pipeline without any cover of invoice and in March, 2001 on realizing their mistake M/s. IMIL paid the duty along with interest are not in dispute. In these circumstances, the allegation of suppression of facts, fraud, collusion or any wilful misstatement are not sustainable. Therefore, as M/s. IMIL have paid duty along with interest of their own. In these circumstances, we hold that M/s. IIL is entitled to take credit of the duty paid by M/s. IMIL on oxygen gas during the impugned period. In these circumstances, the duty demand confirmed against M/s. IMIL is not sustainable and not warranted as duty has already been paid by M/s. IMIL along with interest. Further, the Cenvat credit availed by M/s. IIL is proper and legal in the eyes of law. Therefore, the impugned order to deny Cenvat credit M/s. IIL is set aside as the demands are not sustainable and further it is held that there is no suppression of facts, fraud, collusion or wilful misstatement. In these circumstances, penalties on the appellants are not imposable. - Impugned order is set aside - Decided in favour of assessee.
|