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Commissioner of Central Excise, Customs and Service Tax Belgaum Versus Garden Polymers Pvt Ltd.

2015 (10) TMI 771 - CESTAT BANGALORE

Denial of CENVTA Credit - Capital goods - Held that:- as per the Hon’ble High Court of Karnataka in the case of CCE&ST, LTU, Bangalore Vs. Bill Forge Pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT] wherein it was held that if credit has been inad .....

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ned order of the Commissioner (A) - Decided against Revenue. - Appeal(s) Involved : E/5/2007-DB - Final Order No. 21944 / 2015 - Dated:- 21-9-2015 - Smt. Archana Wadhwa, Judicial Member and Shri Ashok K Arya, Technical Member For the Petitioner : Mr. .....

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R). Nobody appeared for the respondent. The respondent had taken the entire 100% credit of duty-paid on capital goods at the time of receipt of the same whereas they were required to take 50% of the credit only in the first financial year and balance .....

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favour of the respondent by observing as under: I find that the arguments adopted in the grounds of appeal have already been considered time and again by Hon ble Tribunal, Bangalore who have invariably upheld the position that interest and penalty i .....

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