Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2018 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 1436 - HC - Central ExciseCENVAT credit - credit was reversed now seeks to avail suo-moto credit - Department opined that once the assessee pays back the duty of excise and that in the instant CENVAT credit availed on SKO, the proper course is to seek refund claim under Section 11B of the Central Excise Act and therefore, taking suo-motu recredit of the duty reversed appears to be incorrect - whether the assessee was entitled to suo-motu avail credit of central excise duty which they have reversed? Held that:- Unfortunately, before the Tribunal, the parties appears to have not made any endeavour to put-forth their factual contentions. Thus, unless and until the factual contention is properly considered, conclusion cannot be arrived at - Furthermore, the question as to whether to what extent supplementary invoices would aid the stand of the assessee is also required to be gone into, since admittedly IOCL was a registered dealer of SKO only on 26.10.2005, much after the purchases effected by the assessee which was during the period from 01.02.2005 to 30.10.2005. The entire proceedings required to be redone and the factual matrix has to be considered - the matter is remitted back to the Adjudicating Authority for fresh consideration on the factual position - appeal allowed by way of remand.
|