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

2015 (10) TMI 1553 - DELHI HIGH COURT

2015 (10) TMI 1553 - DELHI HIGH COURT - 2015 (325) E.L.T. 840 (Del.) - Denial of CENVAT Credit - Customs duty as well as additional customs duty were paid using Duty Entitlement Pass Book (DEPB) scrips issued in terms of the 2002-07 Foreign Trade Policy (FTP) - Held that:- In terms of the Notification No. 34/97-Customs dated 7th April 1997 goods specified in Schedule I to the Customs Tariff Act, 1975 (CTA) imported would be exempted from payment of the whole of the duty of customs as well as add .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

oted by the High Court that there was no condition in the said notifications that the debits made in the DEPB issued under a particular FTP alone would be eligible for CENVAT credit and that debits in a DEPB issued under a previous FTP would not be eligible for credit. - Court finds that the said decision indeed covers the issue against the Department on all fours. The Appellant has not been to show any notification by which the benefit of CENVAT credit has been expressly denied where the paymen .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

directed against the final order dated 16th January 2015 passed by the Customs, Excise & Service Tax Appellate Tribunal ('CESTAT') in Appeals Nos. E/571715 and 57178 of 2013. 2. The Respondents are manufacturers of moulded cases circuit breakers ('MCB'), switches, fuses, etc. chargeable to central excise duty. The period of disputes in these appeals before the CESTAT are from 22nd April 2004 to 29th April 2005 and 23rd December 2005 to 7th January 2006. 3. The Respondents imp .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

(CTA) imported would be exempted from payment of the whole of the duty of customs as well as additional duty subject to importer having DEPB with sufficient credit. 4. Notification No. 96/2004-Cus provided that the importer using the DEPB would be "entitled to drawback or CENVAT credit of additional duty leviable under Section 3 of the CTA against the amount debited i the DEPB issued in terms of para 4.3 or 7.9 of the FTP 2004-09. 5. The case of the Department was that the Assessee had pai .....

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