Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (11) TMI 243 - CESTAT MUMBAI

2015 (11) TMI 243 - CESTAT MUMBAI - TMI - Denial of CENVAT Credit - Invocation of extended period of limitation - held that:- Prior to reference of this Vandana Global Ltd case [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) ] to the Larger Bench of this Tribunal, in various judgments the Tribunal allowed the credit of structural steel item and thereafter one of the Division Bench of this Tribunal had contrary view and matter was referred to the Larger Bench. Under this position of law on the issue o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on is not invokable in the case of Cenvat Credit availed in respect of goods namely Angles, Channels, Tubes Rails etc. In all other judgments cited by the Ld. Counsel, this Tribunal has taken consistent view that since admissibility of Cenvat credit in respect of structural steel items is an issue of interpretation of Cenvat Rules, therefore extended period of limitation is not invokable. - Decided in favour of assessee. - Appeal No. E/147/12-MUM - Dated:- 12-5-2015 - Ramesh Nair, Member (J) For .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ant availed Cenvat Credit on Angles, Channels, Tubes, Rails, etc. and this material they used for fabricated platform which inturn used for Erection of reactors which is capital goods. The appellant has availed the Cenvat credit on such material considering it as input; it is used in the fabrication of Platform and excise duty discharged on the platform. Show cause notice was issued proposing denial of Cenvat credit and in the adjudication the demand of Cenvat Credit amounting to ₹ 4,53,52 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

iput [2010 (253) E.L.T. 440 (Tri-LB)]. She submits that ratio of the Vandana Global Ltd. case is not applicable in the present case for the reason that the appellant has taken credit on the steel material as input which has been directly used in the fabrication of platform which is used for erection of reactors within the factory of the appellant. Since the appellant has discharged excise duty on the platform treating it as excisable goods, the Cenvat credit in respect of such steel material 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

to the Larger Bench in case of Vanadana Global Ltd. It is her submission that under this position of law extended period for demanding Cenvat credit is not correct. In support of her submission she placed reliance on following judgments: (a) Commissioner of C.Ex. Cus. & S.T. Daman Vs. N.R. Agarwal Industries [2014 (300) E.L.T. 213 (Guj.)] (b) ITC Ltd. Vs. Commissioner of Central Excise, Salem [2012 (285) E.L.T. 291 (Tri. Chennai)] (c) Commissioner of C.Ex. Raipur Vs. Orion Ferro Alloys Pvt. .....

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