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M/s. Ketan Plastic Industries Pvt. Limited Versus Commissioner of Central Excise & S.T., Daman

2015 (10) TMI 1690 - CESTAT AHMEDABAD

Duty demand - Shortage of finished goods - admissibility of cenvat credit on duty paid on the inputs received from 100% EOU - SAD - Credit on education cess - Held that:- Appellant has relied upon the judgment of CESTAT Mumbai in the case of Emcure Pharmaceuticals Limited vs. CCE, Pune (2008 (1) TMI 147 - CESTAT, MUMBAI). No contrary judgment has been brought on record by the learned AR with respect to non admissibility of cenvat credit of education cess paid during the relevant period. Respectf .....

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he amount of remaining cenvat credit disallowed and quantum of 25% penalty is required to be reworked out. The same should be carried out by the adjudicating authority within a month from the date of receipt of this order under intimation to the main appellant. - However, penalty imposed is reduced - Decided partly in favour of assessee. - Appeal No. : E/804,805/2012 - ORDER No. A/10790-10791/2015 - Dated:- 10-6-2015 - Mr. H.K. Thakur, J. For The Appellant : Shri Nimesh Mehta, Advocate For The R .....

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d the said shortage and debited an amount of ₹ 4,72,278/- towards duty involved on such shortage of finished goods. That in the statement of Shri Dhanesh Jhunjhunwala, Director of the main appellant it was admitted that 28050.4 Kgs of HDP/PP unlaminated fabrics were cleared without payment of duty and without preparing any Central Excise documents. That the statement was recorded on 24.08.2008 and was immediately retracted on the next date by an affidavit dated 25.08.2008. It was his case .....

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he credit taken with respect to BCD. That out of total cenvat credit availed, the credit of ₹ 60,291/- is the credit taken on the education cess which is now held to be admissible as per the order of CESTAT Mumbai, in the case of Emcure Pharmaceuticals Limited vs. CCE, Pune - [2008 (225) ELT 513 (Tri. Mum.)]. That another cenvat credit of ₹ 2,02,993/- with respect to SAD paid by the 100% EOU was not allowed. It was his case that this duty is a category of CVD and cenvat credit is adm .....

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ri Lalatendu Patra, (AR) appearing on behalf of the Revenue defended the order passed by the first appellate authority. So far as duty demand of ₹ 4,72,278/- towards shortage of finished goods is concerned, it was argued that after recording first statement of the Director on 24.08.2008, another statement dated 30.12.2010 of shri Dhanesh Jhunjhunwala, Director of the main appellant was also recorded and he has again confirmed the clandestine removal of the goods found short at the time of .....

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% EOU. So far as admissibility of cenvat credit of education cess of ₹ 60,291/- is concerned, the appellant has relied upon the judgment of CESTAT Mumbai in the case of Emcure Pharmaceuticals Limited vs. CCE, Pune (supra). No contrary judgment has been brought on record by the learned AR with respect to non admissibility of cenvat credit of education cess paid during the relevant period. Respectfully following the case law of Emcure Pharmaceuticals Limited vs. CCE Pune, I hold that cenvat .....

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