2015 (1) TMI 1131

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..... nesh Haavanur, AR, for the Respondent. ORDER The factory of Samruddhi Cement Limited which was earlier known as Grasim Industries Ltd., Unit : Birla super Bulk Terminal, leased a factory to M/s. Ultratech Cement Ltd. with effect from 1-2-2010. The appellants in their letter, dated 1-2-2010 submitted a list containing inputs (as such or contained in process or in finished goods) and inputs in tra .....

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..... ;The learned counsel on behalf of the appellant submits that the appellants had issued tax invoice only for payment of VAT and mere issuance of tax invoice will not create liability to reverse the credit. Rule 3(5) of CENVAT Credit Rules, 2004 is applicable only in situations where there is a physical removal of inputs or capital goods from the factory of the manufacturer. In the present case, it .....

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..... . 4. We enquired with the learned AR whether he has any contrary decision to the decision cited by the learned counsel and he replied in the negative. We also find that the issue involved lies within a very narrow compass as discussed above and therefore, with the consent of both sides, we decide to allow the appeal itself since no more further consideration of the facts or law is required. .....

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