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

2016 (3) TMI 200 - CESTAT NEW DELHI

2016 (3) TMI 200 - CESTAT NEW DELHI - TMI - Cenvat credit for discharging duty on the inputs procured without payment of duty - revenue contended that, the duty on the fibre procured without payment of duty, but not used for the intended purpose, cannot be discharged for availing cenvat credit and also such duty discharged cannot be further availed as a credit by the appellant. - Held that:- Regarding the analysis of Rule 3 of Cenvat Credit Rules by Lower Authorities, we find reliance has been p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

has to be discharged. Here, the duty has to be discharged by the appellant as a recipient of goods. In case if they procured the said inputs on payment of duty (without availing the exemption) then they would have discharged the duty and availed credit of the same based on duty paid document of the seller. Since the payment of duty on the inputs has to be discharged by appellant in the present case, in the absence of any specific bar, the appellants have utilized the cenvat credit available in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

-2-2016 - SHRI S.K. MOHANTY, MEMBER (JUDICIAL) AND SHRI B. RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Shri B. L. Narsimhan, Advocate For the Respondent : Shri G.R. Singh, DR ORDER PER B. RAVICHANDRAN: These three appeals are directed against order dated 12.09.2006 of the Commissioner (Appeals), Jaipur-II. The main appellants are engaged in the manufacture of M.M. Blended yarn liable to central excise duty. They were clearing the final products to domestic market as well as for export. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e used for intended purposes) was again availed as credit and used for discharging duty on final products. The department raised objection on both the points viz. the duty on the fibre procured without payment of duty, but not used for the intended purpose, cannot be discharged for availing cenvat credit and also such duty discharged cannot be further availed as a credit by the appellant. The proceedings initiated against the appellant concluded by the order dated 29.03.2006. The Original Author .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ed without payment of duty, could not be used for intended purpose, they have to discharge duty on the same. Since it is their input for further manufacture, they have paid the duty using the credit already available with them and availed the amount against as a credit. The admitted facts of the case are that the raw materials (fibre) have been used for dutiable final product and as such, the duty discharged on the fibre is eligible for credit. He further relied on the decision of the Tribunal i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

credit account. He drew our attention to the findings of the Original Authority on the analysis of Rule 3 of Cenvat Credit Rules, which stipulate the usage of credit availed for discharging various types of duties. It is the case of the Revenue that the input procured on concession without payment of duty which is not used for intended purpose, has to discharge duty and such duty is not one of the duties listed under Rule 3 of the above Rules. Reliance was placed on analysis by Original Authorit .....

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