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 →

M/s. Jindal (India) Limited Versus Commissioner of Central Excise, Haldia

2016 (7) TMI 551 - CESTAT KOLKATA

Cenvat Credit - Damage compensation given by the supplier of capital goods - whether dis-entitled to Appellant taking corresponding credit to the Appellant - Held that:- In view of CBEC vide Circular No.877/15/2008-CX dated 17.11.2008 any reduction in prices will not disentitle the recipient from taking full Cenvat Credit of duty shown in the invoices. In the present case it is not even the case of reduction in prices of the capital goods and the amount received by the Appellant represents compe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ier of capital goods. - E/5/2012 - FO/A/75350/2016 - Dated:- 4-5-2016 - Shri H.K.Thakur, Member (Technical) Sri A.K.Bhattacharya, Consultant for the appellant (s) Sri K.Choudhari, Supt.(AR) for the Revenue (s) ORDER This Appeal has been filed by the Appellant against Order-in-Appeal No.41/HAL/2011 dated 11.10.2011 passed by the Commissioner of Central Excise (Appeal-I), Kolkata under which Order-in-Original dated 17.09.2010 passed by the Adjudicating Authority has been upheld. 2. Sri A.K.Bhattac .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

h go through the relevant Article-3 of the agreement. 2.1 It is the case of the Appellant that damages paid to them had no bearing on the reduction of the assessable value of the capital goods supplied, therefore, entire Cenvat Credit taken by Appellant was admissible. He relied upon the case law of Bajaj Auto Ltd. vs. Commissioner of C.Ex. & Cus., Aurangabad [2010(251)E.L.T. 237 (Tri.-Mumbai)]. Ld. Consultant further relied upon CBECs Circular No.877/15/2008-CX., dt.17.11.2008 under which .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

is whether damage compensation given by the supplier of capital goods to the Appellant will disentitle them taking corresponding credit to the Appellant. In this regard Appellant has relied upon the case law of Bajaj Auto Ltd. vs. Commissioner of C.Ex. & Cus., Aurangabad (supra) where CESTAT, Mumbai has held that any subsequent reduction in the price of the inputs with retrospective effect will not bar recipient from taking full Cenvat Credit. On the same issue CBEC vide Circular No.877/15/2 .....

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