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2017 (1) TMI 216 - CESTAT MUMBAIMODVAT credit - credit to the extent of 50% - denial on the ground that the supplier, M/s. Fiat India Ltd. at the time of removal of capital goods that is Dies and Moulds paid 50% excise duty and remaining 50% was paid belatedly that is after supply of the capital goods and also after availing cenvat credit by the appellant - Held that: - M/s. Fiat India Ltd. at the time of removal of capital goods that is Dies and Moulds paid 50% excise duty and remaining 50% was paid belatedly that is after supply of the capital goods and also after availing cenvat credit by the appellant In the present case, as of now whatsoever short payment of duty i.e. 50% of the total duty was alleged, has now been paid by the supplier which has been recorded by the lower authority in their orders. For this particular reason as of today there is no issue of wrong availment of modvat credit particularly on the ground that the duty was not correctly paid by the supplier. Credit allowed - appeal allowed - decided in favor of assessee.
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