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COMMR. OF C. EX., CUS. & S.T., BELGAUM Versus JINDAL PRAXAIR OXYGEN CO. P. LTD.

2015 (6) TMI 983 - KARNATAKA HIGH COURT

Availment of CENVAT Credit - Capital goods - Rule 57Q(3) of the Central Excise Rules, 1944 - Held that:- It is appropriate that the present appeal be disposed of in terms of the earlier judgment of this Court as referred to herein above, since the qu .....

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ess to state that any order that is to be passed by the Hon'ble Supreme Court would be applicable to the parties herein. - Appeal disposed of. - CEA No. 206 of 2010 (TAX) - Dated:- 3-6-2015 - Ravi Malimath and P.S. Dinesh Kumar, JJ. Shri S.C. Bheemar .....

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ed the Cenvat credit on imported capital goods based on a reconstructed bills of entry. A show cause notice was issued seeking recovery under the Central Excise Act and Rules. On a reply being filed and considered, the Additional Commissioner of Cent .....

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ide. Hence, the Revenue has filed the present appeal. 2. By order dated 25-2-2011, the appeal was admitted to consider the following substantial questions of law : (a) Whether the CESTAT is correct in coming to a conclusion that the Cenvat schem .....

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guishing the case on its facts and not on the merits or the principles followed. 3. Learned counsel for the appellant contends that the matter is squarely covered by the order of the Division Bench of this Court dated 8th September, 2011 passed .....

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(1) Whether the Tribunal is right in granting Cenvat credit in spite of the explicit legal provisions contained in Rule 57Q(3) of the Central Excise Rules, 1944, and (2) Whether the Tribunal is right in setting aside the levy of penalty on the debt .....

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of law in favour of the Revenue and against the assessee. It is submitted at the bar, that aggrieved by the said order, the assessee has taken up the matter before the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 13203/2012 and the .....

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