Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2013 (10) TMI 619

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... R Per. Rakesh Kumar :- The appellant have two units-unit No. 1 Khandsa Road, Gurgaon and the second unit at Tehsil Patudi- Distt. Gurgaon. While the Central Excise registration No. of Khandsa Road unit is AAACT30036 EXM001, the Central Excise registration number of the Patudi unit is AAACT30036 EXM002. Both units manufactured the same product. The dispute in this case is in respect of Patudi uni .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ction is that while the invoices had been issued by the service providers to the Khandsa road unit, on the basis of those invoices, the appellant unit at Patudi could not take the Cenvat credit. On this basis, after issue of show cause notice total Cenvat credit demand of Rs. 2,47,453/- was confirmed along with interest and penalty of equal amount was imposed by the Assistant Commissioner's order .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ndsa unit, that in view of this the denial of Cenvat credit of Rs. 1,87,577/- is without any basis, that as regards the Cenvat credit of Rs. 59,876/- on the basis of 8 invoices, the basis of denial is that these invoices had been issued to Khandsa road unit and not to Patudi unit, that in this regard, not only the service providers have issued letters correcting the name of the service recipient a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... concerned, this credit had been taken on the basis of GAR-7 dated 05/10/07 under which this amount of service tax on GTA service received had been paid. Ongoing through the GAR-7 it is seen that while the name of the appellant and address is correctly mentioned and the mistake is only the Central excise registration which is of the Khandsa road unit. I am of the prima facie view just for this mis .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates