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2017 (5) TMI 559 - CESTAT MUMBAIReversal of CENVAT credit - write-off of inputs - sub rule 5(b) of Rule 3 of CCR w.e.f. 7-9-2007 - present case period involved is March, 2001 to February, 2002 - Held that: - the demand of Cenvat credit of ₹ 15,74,811/- is not on account of quantity written off in the books of account as in fact there is no quantity shown as written off in the books of accounts - Demand was confirmed on the quantity of inputs cleared for spares parts sale and the same was quantified and informed to the department by the appellant themselves in such case the demand was correctly confirmed. As regard the limitation, the appellant though have transferred certain quantity of inputs for spare parts sale in respect of which credit cannot be retained by the appellant but was not disclosed to the department therefore clear suppression of facts established on the part of the appellant - invocation of extended period justified. Appeal dismissed - decided against appellant.
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