Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 69 - CESTAT HYDERABADCENVAT Credit - inputs imported without payment of duty found short - denial on the ground that issue having settled the matter before the Settlement Commission, there can not be any availment of CENVAT credit on the amounts so paid as full duty. Held that:- There is no allegation of diversion of the materials/inputs procured without payment of customs duty nor there is any allegation that there was clandestine manufacture and clearance of finished goods out of the inputs found short during the visit of the DRI Officers. Similar issue was decided by the Tribunal in the case of Shreem Capacitors Pvt. Ltd. [2016 (10) TMI 298 - CESTAT MUMBAI], where it was held that Availing of cenvat credit on the amounts settled before the Settlement Commission is not barred by any provision of the Cenvat Credit Rules, 2004 Credit allowed - appeal allowed - decided in favor of appellant.
|