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2015 (10) TMI 720 - MADRAS HIGH COURT

2015 (10) TMI 720 - MADRAS HIGH COURT - 2015 (325) E.L.T. 104 (Mad.) - Denial of CENVAT Credit - whether the manufacturer is entitled to claim credit for the duty paid by the job worker or not - Held that:- First respondent/assessee handed over plastic materials during the period from July 2006 to December 2006 to a Company by name Nypro Forbes Products Private Limited for carrying out certain job works. The goods were handed over after availing credit for inputs, but, not actually paying duty. .....

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As a matter of fact, the assessee did not claim credit twice over. At the time when the goods were supplied, they availed the credit. After the Company which undertook the job work, had paid the duty, even according to the Department, the job worker was not liable to pay it. Since they have paid and collected it from the assessee, what the first respondent collected was only the duty that had to be paid on account of the mistake committed by the job worker. The original authority and the appell .....

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his appeal is by the Revenue under section 35G of the Central Excise Act, 1954. 2. Heard Mr.T.Chandrasekaran, learned Senior Panel Counsel for the appellant and Mr.M.Karthik, learned counsel for the first respondent. 3. By a show cause notice dated 6.11.2007, the assessee was called upon to show cause as to why the excess credit allegedly claimed by them as CENVAT credit should not be reversed and interest over penalty levied. It was followed by an order in original dated 29.7.2008, demanding a .....

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ribunal by way of a miscellaneous application, the Tribunal directed the amendment to be carried out by a further order dated 26.4.2011. This order did not alter the finding recorded in the original order. Therefore, aggrieved by the original order of the Tribunal dated 1.12.2010, the Commissioner of Central Excise is on appeal. 5. The only question of law on which the Revenue has come up with the above appeal is as to whether the manufacturer is entitled to claim credit for the duty paid by the .....

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