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 →

New Vishvekarma Autotech Pvt. Ltd. Versus C.C.E., Delhi-IV

2015 (10) TMI 1263 - CESTAT NEW DELHI

Denial of CENVAT Credit - whether the appellants are entitled to credit on the duty paid on bright bars used as inputs - Held that:- The Tribunal in the precedent case held that the appellants therein are entitled to avail credit on the excise duty paid on the inputs. The Tribunal in that case has taken the view that as appellants have discharged the duty liability on their final product after availing credit, there is no justification to deny the same. If the supplier who supplied the goods is .....

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 whether the input is a result of a process of manufacture is irrelevant. What is relevant is whether duty has been paid or not on such input - impugned order is set aside - Decided in favour of assessee. - Appeal No. E/55618/2014-EX(SM) - Final Order No.55886/2015 - Dated:- 18-9-2015 - Ms. Sulekha Beevi C.S., Member (Judicial) For the Petitioner: Shri N.K. Sharma, Advocate For the Respondent: Shri B.B. Sharma, AR ORDER: Per: Sulekha Beevi C.S. 1. The appeal is filed challenging the impugned or .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in the case of Vee Kayan Industries 1996 (83) ELT262 (SC) and further clarified by CBEC through Circular No. 720/36/2003 CX dated 29/05/2003 that no process of manufacture was involved during the transformation of round bars into Bright Bars, and bright bars thus not being excisable commodity Cenvat credit is not admissible on bright bars used as inputs. The notice finalized in the order which confirmed the demand and imposed penalty. In appeal, the same was upheld Commissioner appeals set aside .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lved in the transformation of bright bars from round bars and therefore the appellants cannot avail credit on these items. The payment of duty on bright bars is not disputed. So also there is no dispute that bright bars where used by the appellants to manufacture their final product. Again there is no case that the inputs supplied were not covered by valid document prescribed under the Cenvat Credit Rules, for availing credit. The benefit of credit is sought to be denied on the ground that on th .....

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