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 561 - CESTAT AHMEDABAD

2016 (3) TMI 561 - CESTAT AHMEDABAD - TMI - Duty demand on the removal of scraps - assessee availed CENVAT credit on the capital goods - Held that:- As find from the statement of Shri D. C. Goyal, General Manager that they were unable to segregate pertaining to the scrap of capital goods on which they have taken CENVAT credit from those normal scraps. It is revealed from the record that the appellant availed Cenvat credit on the capital goods, which were cleared as scrap materials. The claim 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

ended period of limitation would be invoked.

In view of the above discussions, the demand of duty alongwith interest and penalty is upheld. Both the authorities below had not given option to pay penalty 25% of the duty under section 11 AC of the Act. The appellant is entitled to pay penalty 25% of the duty alongwith entire amount of duty and interest within 30 days from the date of communication of this order. The appeal filed by the appellant is disposed of in the above terms. - Appe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nd scrap of capital goods. According to the Revenue, the appellants cleared scrap of machineries of capital goods, they have to pay duty on the transaction value as, they have availed CENVAT credit on the capital goods, as per Rule 3 (5) of CENVAT Credit Rules, 2004. The Adjudicating Authority confirmed the demand of Central Excise Duty amounting to ₹ 3,95,924.00 alongwith interest and imposed penalty of equal amount of duty and dropped the demand of ₹ 27,18,301.00. The appellants 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

he capital goods, and therefore, there is no reason to pay duty on the removal of scraps. He drew the attention of the bench, the statement dated 14.01.2009 of Shri D. C. Goyal, General Manager Accounts. The main contention of the Learned Counsel is that as they have not availed CENVAT credit on capital goods, the demand under CENVAT Credit Rules, does not stand. He further submits that the demand is barred by limitation. 3. On the other hand, the Learned Authorised Representative on behalf of t .....

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