Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

The Commissioner of Central Excise, Pune-I Versus M/s. S.S. Engineers

2016 (4) TMI 108 - BOMBAY HIGH COURT

Cross utilization of the credit on excuse duty and service tax denied - Held that:- The accounts are maintained in relation to payments of both levies. Even that does not present any difficulty once the Revenue has issued a circular to guide the offi .....

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 conclusion that there are certain restrictions on the utilization of particular type of duty and for that purpose it has relied on Rule 7 of CENVT Credit Rules. A reference to that also does not vitiate the impugned order inasmuch as Rule 7 st .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nces, the cross utilization of credit on goods and services being not covered by any restrictive provision, leave alone any prohibition or embargo, the Tribunal's order does not call for any interference. The interpretation placed on the Rule is a pr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d Mr. Jas Sanghavi i/by M/s. PDS LegalORDER PC : 1. Though Mr.Bhate appearing for the Revenue would try to persuade this Court and to the best of his ability that the Tribunal's order raises a substantial question of law, we are not ready to ente .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and service tax. That is how the CENVAT Rules, 2004 and particularly the rules referred by the Tribunal in paragraph 5 of its order are worded. 3. Ordinarily an interpretation of a rule and in the light of a substantive legislation on Central Excise .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rvice tax on the input service availed of. While availing of that credit, the cross utilization is not ruled out, leave alone barred or prohibited. That is how CENVAT credit rules have been analyzed. Rule 3(1) of the Rules provides that the manufactu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

xcise, other duties and service tax leviable under Section 66 of the Finance Act, 1994 and thereafter with effect from 18 April 2006, service tax leviable under Section 66A of the said Act. If these are various duties of which credit can be availed 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

ion to payments of both levies. Even that does not present any difficulty once the Revenue has issued a circular to guide the officers. That circular, a copy of which is handed over to us and contained in the compilation at page 36, is dated 30 March .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version