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2018 (10) TMI 630 - AT - Central ExciseClandestine removal - stock found short - HR Coils, GP coils and Zinc - it was alleged that such short found stock stands cleared by the appellant without payment of duty - Held that:- Even though we find that the appellants have tendered a plausible explanation for such shortages, inasmuch as the visiting officers did not take into account the slitted coils and the Zinc available in the tanks, we are of the view that even if the shortages are accepted to be correct reflection of facts, the demand of duty cannot be sustained - demand set aside. CENVAT Credit - apart from making a bald allegation that various iron and steel items are not Cenvatable, in terms of Cenvat Credit Rules, the Revenue has not examined the use of the same in the assessee’s factory - Held that:- Even if the Revenue’s stand that such goods were used as structurals is accepted, the credit would still be available to the appellant - Credit allowed. CENVAT Credit of duty paid on the pipes purchased by them from other manufacturers - denial on the sole ground that no manufacturing activity has taken place in the appellant’s factory - Held that:- Even the said issue is no more res integra and majority decision of the Tribunal in the case of Asian Colour Coated Ispat Ltd. v. CCE [2014 (9) TMI 974 - CESTAT NEW DELHI] has held that even if no manufacturing as taken place, but the goods have been cleared finally on payment of duty, the assessee would be entitled to the Cenvat Credit of duty paid on the raw materials - credit allowed. Appeal allowed in toto.
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