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2015 (10) TMI 909 - CESTAT CHENNAI

2015 (10) TMI 909 - CESTAT CHENNAI - TMI - Denial of CENVAT Credit - Duty passed on to buyer - Held that:- The law relating to CENVAT credit removes cascading effect. When there is no controversy on the imported goods being sold and such goods suffered customs duty as well as the seller was identifiable and the principal being Indian Potash Ltd. a registered importer, there should not be controversy to grant CENVAT credit in the hands of the respondent. Therefore, both appeals of Revenue fail fo .....

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Potash imported by Indian Potash Limited, a registered importer from abroad and sold by Indian Potash Ltd. through its unregistered branch to the appellant. Customs duty on the import was paid. A part of such duty was passed on to the buyer respondent which was claimed as CENVAT credit by the appellant. But that was denied by the adjudicating authority on the ground that the seller branch of the Indian Potash Ltd. was not registered dealer. On appeal, learned Commissioner (Appeals) found that th .....

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