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

2015 (10) TMI 2205 - CESTAT NEW DELHI

2015 (10) TMI 2205 - CESTAT NEW DELHI - 2015 (325) E.L.T. 177 (Tri. - Del.) - Manufacture and captive consumption of HR Strips - demand of duty denying the exemption under notification 67/95 dated 16.03.1995 - Imposition of penalty and interest - Held that:- Where duty is demanded the appellant were required to pay a sum of ₹ 6,67,400/- whereas they are entitled for deemed credit during the period is ₹ 7,09,817/-. Therefore, the appellant have entitled more credit than the payment of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

imposable - Demand of interest and penalty are not sustainable on the appellant - Decided in favour of favour of assessee. - Appeal No. E/3266/2006-EX(DB) - FINAL ORDER NO. 52240/2015-EX(DB) - Dated:- 10-7-2015 - Shri Ashok Jindal, Member (Judicial) and Shri B. Ravichandran, Member (Technical), JJ. For the Petitioner : Shri S. Khanna, Proxy Advocate For the Respondent : Shri Pramod Kumar, DR ORDER Per Ashok Jindal: The appellant is in appeal against the impugned order demanding interest and 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

44 w.e.f. 01.08.1997.The appellant in their strip mill section manufactured HR Strip which were cleared by them for captively consumption and claim under notification no. 67/95-CE dated 16.03.1995 to their tube mill section where those tubes were used for manufacture of tubes. The Revenue is of the view that appellant is not entitled for exemption under notification 67/95 dated 16.03.1995 as amended by notification no. 59/97-CE. Therefore, as appellant has not paid Central Excise duty on HR Stri .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

7-CE dated 30.08.1997 the deemed credit of duty at the rate of 12% of the value of HR Strips is entitled for deemed credit to the manufacturer of tubes. Therefore, duty was sought to be re-determined and matter was remanded back to the Adjudicating Authority. In remand proceedings again duty paid by the appellant was adjusted wherein the appellant paid excess duty of ₹ 17,640/- but demand of interest was confirmed and penalty equivalent to duty was also imposed. Aggrieved from the said ord .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

8,426/- but in direction of the order of this Tribunal the appellant were entitled to take deemed credit of ₹ 7,09,817/- and they have paid a duty to ₹ 6,06,249/-. Therefore, they have paid the excess duty of ₹ 17,640/-. When these facts are on record the demand of interest and imposition of penalty is not sustainable. To support his contention he relied on the decision of Hans Steel Rolling Mills Vs. CCE Chandigarh-2011 (265) ELT 321 (SC) to say that time limit prescribed unde .....

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