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 772 - CESTAT NEW DELHI

2015 (11) TMI 772 - CESTAT NEW DELHI - TMI - Disallowance of Cenvat credit - bright bars - benefit of credit is sought to be denied on the ground that on the end of the supplier these goods were not excisable goods - Held that:- processing of round bars into Bright bars would not amount to manufacture, the Department by Trade Notice No. 18/2003 dated 14/08/2003 had clarified that the process of making bright bars from wire rods amounts to manufacture. Duty was being collected upon bright bars an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

otices. Thereafter the matter has been adjudicated and order passed. This goes to show that the Department itself was under much confusion as to whether excise duty is to be collected or not on bright bars. - impugned order is set aside. - Decided in favour of assessee. - Appeal No. E/55851/2014-EX(SM) - Final Order No. 52907/2015 - Dated:- 18-9-2015 - Sulekha Beevi CS, Member (J) For the Appellant : Ms Surbhi Sinha, Adv For the Respondent : Shri M R Sharma, DR ORDER Per Sulekha Beevi CS 1. The .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the credit was not admissible on Bright Bars. Accordingly, the appellants were issued show cause notice which after adjudication disallowed credit and also raised duty demand, interest and penalty. In appeal, the Commissioner (Appeals), upheld the same. Aggrieved, the appellant is before the Tribunal. 3. The credit on Bright bars used by the appellant for the manufacture of finished goods, is sought to be denied on the ground that Bright bars are not a commodity subject to excise duty as no proc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

also there is no dispute that bright bars where used by the appellant 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 the end of the supplier these goods were not excisable goods. 4. Interestingly, although the Apex Court in its judgment dated 20.09.1994 in CCE, Chandigarh Vs. Vee Kayan Industries, .....

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