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2017 (5) TMI 32 - CESTAT CHENNAICENVAT credit - SSI exemption - Whether the Cenvat credit lying in the account of the appellant as on 03.12.2012 upon crossing of the SSI limit entitles it to the credit thereof? - whether the credit lying is necessarily to be evidenced by the receipt of raw material and recording thereof as well as use in manufacture or mere mention of address of appellant on invoices entitles the appellant to the Cenvat credit? Held that: - So far as disallowance of ₹ 95,517/- is concerned, the appellate authority's finding is without any basis. But what that comes up from the material on record is that genuineness of the purchase of the materials needs verification - so far as disallowance of credit of ₹ 13,38,257/- is concerned that also calls for verification as to whether the raw materials covered by the respective invoices was genuine and whether that relate to appellant and recorded by appellant establishing that the same was received in its factory and used in manufacture. If such conditions are satisfied positively, the appellant cannot be denied Cenvat credit to that extent. Appeal allowed by way of remand.
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