Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (7) TMI 624 - CESTAT BANGALORE

2015 (7) TMI 624 - CESTAT BANGALORE - TMI - CENVAT Credit - Capital goods - Imposition of penalty - the appellant took the stand that these items have been used as inputs. However, they were not able to produce any evidence to show as to where exactly these items have been used and which components / accessories have been manufactured out of these inputs and used in their factory. - Held that:- There is a difference between Bajaj Hindusthan Ltd. case and the present case. In the case of Bajaj Hi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r that in this case, it may not be necessary to impose penalty. - Demand for Cenvat credit with interest is upheld. Penalty imposed on the appellant is set aside. - Decided in favour of assessee. - E/934/2008-SM - Dated:- 9-3-2015 - B. S. V. Murthy, Member (T),J. For the Appellant : Mr G P Sastry, Adv. For the Respondent : Mr S Teli, AR ORDER Per: B S V Murthy: Appellants had availed Cenvat credit of duty paid on MS Angles, Channels, MS Squares, Beams, Flat Bars, MS Flats etc. used in their fact .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ound that the appellant could not show how exactly these materials have been used in their factory. A stand was also taken by the Revenue that it is for the assessee to show how inputs and capital goods have been used in their factory. In this case, when the credit was proposed to be demanded, the appellant took the stand that these items have been used as inputs. However, they were not able to produce any evidence to show as to where exactly these items have been used and which components / acc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of Bajaj Hindustan Ltd. Vs. Union of India [2013 (295) E.L.T. 20 (All.)] is proper. Paragraph 29 of this decision is relevant and is reproduced below: "29. The conditions of availing Cenvat credit include the maintenance of documents and accounts under Rule 9 of the Cenvat Credit Rules, 2004 and which include under sub-rule (i) (a), the invoices used by a manufacturer for clearance of (i) inputs for or, the capital goods from his factory or depot or from the premises of the consignment agen .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he present case also the appellants have no evidence or records to show as to which machinery or equipments, these angles, channels, plates etc. have been used as accessories / components / parts etc. The only assurance given by learned advocate is that those items have not been used for construction work but they have been used in machinery / equipments. However, he pleads that the matter may be remanded so that the appellant can produce the records/evidence before the original adjudicating aut .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version