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M/s. Vishnu Paper Products Pvt. Ltd. Versus Customs, Excise and Service Tax Appellate Tribunal, The Commissioner of Central Excise, The Joint Commissioner of Central Excise

2016 (4) TMI 150 - MADRAS HIGH COURT

CENVAT credit denied on the capital goods - exparte order - Held that:- The Tribunal had decided the matter, exparte, considering the issues raised before it. Even though the order of the Tribunal had been passed, on merits, we are of the considered view that a reasonable opportunity ought to have been given to the appellant assessee to put forth its contentions before the Tribunal. As such, we find it appropriate to set aside the impugned order, dated 19.3.2015, passed by the Tribunal and to re .....

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us Appeal has been filed against the Final Order No.40329/2015, dated 19.3.2015, passed by the first respondent. 2. The brief facts of the case are as follows: 2.1) The adjudicating authority had confirmed the demand of ₹ 16,82,086/- as ineligible CENVAT credit, with interest and imposed a penalty equal to the demand, under Rule 13 of Cenvat Credit Rules, 2002, read with Section 11AC of the Central Excise Act. He had also imposed a penalty of ₹ 1 lakh, under Rule 13 of Cenvat Credit .....

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ad filed an appeal against that portion of the order passed by the Commissioner (Appeals) remanding the case to the lower appellate authority on the simultaneous availment of Cenvat Credit and depreciation. 2.3) The Tribunal had stated in its impugned order, holding that the issues arising in the appeal were relating to the simultaneous availment of Modvat Credit, as well as the claim of depreciation, under the Income Tax Act, 1961. The lower appellate authority had remanded the said aspect to t .....

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ng the decision of the Karnataka High Court, made in Suprajit Engineering Ltd., the Tribunal had held that, when an assessee had claimed depreciation and had also availed Modvat Credit, it would not be eligible to avail credit. Accordingly, it had been held that the order of the Commissioner (Appeals), had been set aside to the extent that the matter had been remanded to the adjudicating authority on the issue of simultaneous availment of Cenvat Credit, as well as the claim of depreciation relat .....

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