GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
What's New Case Laws Highlights Articles News Forum Short Notes Statutory TMI SMS More ...
Extracts
Home List
← Previous Next →

2015 (9) TMI 771 - MADRAS HIGH COURT

2015 (9) TMI 771 - MADRAS HIGH COURT - 2015 (323) E.L.T. 321 (Mad.) - Contravention of the provisions of Rule 57 G - Availment of MODVAT Credit - Whether Modvat Credit can be allowed to the buyers based on the invoices of the suppliers showing particulars of duty, though in reality no duty was admittedly paid on the goods by the suppliers - Held that:- CESTAT failed to take note of the fact that there is an admission by the first respondent/assessee in their letter dated 26.09.2000 that on verif .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

- Decided in favour of Revenue. - C M A No.1449 of 2007 , M P No.2 of 2007 - Dated:- 9-7-2015 - R. Sudhakar And K. B. K. Vasuki, JJ. For the Petitioner : Mr V Sundareswaran, Standing Counsel For the Respondent : None JUDGMENT ( Judgment of the Court was delivered by R. Sudhakar, J.) The Revenue is on appeal as against the order of the Customs, Excise and Service Tax Appellate Tribunal (hereinafter called as CESTAT) dated 03.02.2006 raising the following substantial question of law:- "Whethe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ing 2941.10 and are availing the facility of Modvat credit for both Inputs and Capital Goods. 4. The assessee had availed Modvat credit to the tune of ₹ 2,47,406/- on the goods under 36 invoices issued by M/s.Indian Oil Corporation Limited, Chennai. The goods received by the assessee were customs duty paid goods and Central Excise duty was not paid on them. Thus, on account of the contravention of the provisions of Rule 57 G inasmuch as the assessee had availed modvat credit on which no du .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

their reply dated 25.05.1999 stating that they had availed modvat credit against the duplicate copies of invoices issued by M/s.Indian Oil Corporation Limited, Chennai wherein Excise duty had been charged @ 15% advalorem for the furnace oil supplied to them and the payment was also made to them including the excise duty amount; that they had availed modvat credit against the payment of excise duty which was collected from them by the supplier M/s.Indian Oil Corporation Limited and that therefore .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ble value of Furnace Oil and the same was collected by them; that however, the duty had not been paid by them in their P.L.A., and that therefore they had expunged the said credit of ₹ 2,47,406/- as per the details given in Show Cause Notice No.26/99 dated 06.05.99 vide their Part II Serial No.980 in RG23A and requested to drop the proceedings. 7. However, the Adjudicating Authority passed the order dated 27.10.2000 confirming the contravention alleged in the show cause notice, thereby, di .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

153) ELT 114(T). The First Appellate Authority after considering the contention raised and in the light of above referred to decision, allowed the appeal and set aside the order of the lower authority and vacating the penalty too. 9. Aggrieved by the same, the Department preferred appeal before the Customs, Excise and Service Tax Appellate Tribunal and distinguished the case of R.S.Industries Vs. CCE, New Delhi (supra) that duty had been subsequently recovered from the input-supplier unlike in t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Advanced Search


Latest Notifications:

    Dated      Category

20-7-2017 Cus (NT)

20-7-2017 IT

20-7-2017 GST CESS Rate

19-7-2017 IT

19-7-2017 IT

18-7-2017 IT

18-7-2017 CE (NT)

18-7-2017 CE

18-7-2017 GST CESS Rate

15-7-2017 Kerala SGST

14-7-2017 Andhra Pradesh SGST

14-7-2017 Cus (NT)

14-7-2017 Cus

13-7-2017 Co. Law

13-7-2017 Co. Law

13-7-2017 ADD

13-7-2017 ADD

12-7-2017 Jammu & Kashmir SGST

12-7-2017 Gujarat SGST

12-7-2017 Gujarat SGST

More Notifications


Latest Circulars:

21-7-2017 Goods and Services Tax

20-7-2017 Goods and Services Tax

20-7-2017 Goods and Services Tax

19-7-2017 Goods and Services Tax

19-7-2017 Income Tax

18-7-2017 Customs

17-7-2017 Customs

14-7-2017 Income Tax

13-7-2017 Central Excise

13-7-2017 Customs

More Circulars



|| 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