GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (10) TMI 1256 - CESTAT CHENNAI

2015 (10) TMI 1256 - CESTAT CHENNAI - 2015 (330) E.L.T. 333 (Tri. - Chennai) - Denial of CENVAT Credit - Imposition of interest and penalty - Held that:- Para 4 of the show-cause notice makes allegation that there was utilisation of Cenvat credit of ₹ 9,14,269/- of Additional Duty of Customs taken. But taking of such credit is not permissible. In the case of Bombay Dyeing(supra) , it was the observation of the Supreme Court that unless the credit is utilised there shall be no payment of in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

remitted back to the learned Adjudicating authority to grant fair opportunity of hearing to the appellant on such limited count. - Since there is confusion in law as to the admissibility of the credit and also utilisation thereof, there shall not be penalty. - Appeal disposed of. - E/S/40649/2014 , E/40460/2014 - FINAL ORDER NO. 40894/2015 - Dated:- 6-7-2015 - D N Panda, Member (J) For the Petitioner : Mr S Muthuvenkataraman, Adv For the Respondent : Mr B Balamurugan, AC (AR) ORDER Per D N Panda .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

credit, if there is no utilisation of wrong credit taken, interest is not payable. Only for a transitory period till amendment there was confusion in law as to the payment of interest. However, no demand of interest in above circumstance is the law settled in the judgment of Commissioner of Central Excise, Mumbai-I Vs Bombay Dyeing & Mfg. Co. Ltd. reported in 2007 (215) E.L.T.3 (S.C.). Therefore, no adverse view may be taken in absence of any malafide of the appellant. Further, credit havin .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| 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