Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (2) TMI 1145 - AT - Central ExciseBenefit of N/N. 214/86 dated 25.03.86 - denial on the ground that the sister concern has taken benefit of N/N. 49-50/2003 dated 10.06.2003 - Held that: - As per CCR, 2004, when the assessee manufacturing dutiable goods, the assessee is entitled for benefit of input used in manufacturing of dutiable goods - as the respondent is paying duty in their final product, the respondent is entitled to take cenvat credit on inputs used in manufacturing of their final product. Penalty u/s 11AC - Held that: - there is no allegation that the respondent was having mala-fide intention not to pay duty, as per provisions of Section 11AC of the Act. As contents of the Section 11AC are missing, therefore, the Ld. Commissioner (A) has rightly dropped the penalty against the respondent. Appeal dismissed - decided against Revenue.
|