Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

CONDON POWER PRODUCTS P. LTD. Versus COMMISSIONER OF C. EX., DELHI-IV

2015 (10) TMI 768 - CESTAT NEW DELHI

CENVAT Credit - whether the appellant is entitled to take Cenvat credit on the rejected goods received by them from their customers which were dismantled by them and part thereof used by them in manufacture of new product or not - Held that:- The provisions of Rule 16 (1) of the Central Excise Rules 2002 are relevant for availment of Cenvat credit thereon - assessee is entitled to take Cenvat credit which are duty paid. If the said goods are being remake, revision, recondition or for any other r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

supported by this Tribunal in the case of International Tobacco Ltd. (2011 (9) TMI 862 - CESTAT NEW DELHI), although that being a stay order. Therefore, I hold that appellant have taken the Cenvat credit correctly. - Impugned order is set aside - Decided in favour of assessee. - E/59518 & 59519/2013-EX(SM) - Final Order Nos. A/51134-51135/2015-EX(SM)(BR) - Dated:- 1-4-2015 - Shri Ashok Jindal, Member (J) Shri Vivek Aggarwal, Advocate, for the Appellant. Shri V.P. Batra, DR, for the Respondent. O .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nue is of the view that as per Rule 16(1) of the Central Excise Rules, 2002 such rejected goods were required to be sent back after repairs/rectification failing which Cenvat credit taken on such rejection was to be reversed. On these basis a show cause notice was issued to the appellant for reversal of Cenvat credit on the rejected goods received by them along with interest and penalty also proposed on the appellant and their employee. The show cause notice was adjudicated. The denial of Cenvat .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n the decision in the case of International Tobacco Ltd. v. C.C.E & S.T.-2013 (292) E.L.T. 263 (Tri-Del). He further submits that as the reversal of Cenvat credit on returned goods as shown by them in statutory records. Therefore, extended period of limitation is not invokable. In the light of the decision of this Tribunal in the case of Rainbow Plastic Industries v. C.C.E. Surat-2011 (274) E.L.T. 577 (Tri-Ahmd) and in the case of BCH Electric Ltd. v. C.C.E. Delhi-2013 (31) S.T.R. 68 (Tri-De .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ellants are required to reverse the Cenvat credit. 5. Heard the parties. Considered the submissions. 6. The short issue before me to decide is that whether the appellant is entitled to take Cenvat credit on the rejected goods received by them from their customers which were dismantled by them and part thereof used by them in manufacture of new product or not. The provisions of Rule 16 (1) of the Central Excise Rules 2002 are relevant for availment of Cenvat credit thereon. For better a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| 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