GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
What's New Case Laws Highlights Articles News Forum Short Notes Statutory TMI SMS More ...
Extracts
Home List
← Previous Next →

2016 (7) TMI 551 - CESTAT KOLKATA

2016 (7) TMI 551 - CESTAT KOLKATA - 2016 (339) E.L.T. 292 (Tri. - 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 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

not be reduced on account of damages received by the Appellant from the supplier 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. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

capital goods as per the terms of the agreement. Ld. Consultant made the bench 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 furth .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sides and perused the case records. The issue involved in the present Appeal 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 fro .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Latest Notifications:

    Dated      Category

20-7-2017 Cus (NT)

20-7-2017 GST CESS Rate

19-7-2017 IT

19-7-2017 IT

18-7-2017 IT

18-7-2017 CE (NT)

18-7-2017 CE

18-7-2017 GST CESS Rate

15-7-2017 Kerala SGST

14-7-2017 Andhra Pradesh SGST

14-7-2017 Cus (NT)

14-7-2017 Cus

13-7-2017 Co. Law

13-7-2017 Co. Law

13-7-2017 ADD

13-7-2017 ADD

12-7-2017 Jammu & Kashmir SGST

12-7-2017 Gujarat SGST

12-7-2017 Gujarat SGST

12-7-2017 CGST Rate

More Notifications


Latest Circulars:

19-7-2017 Goods and Services Tax

19-7-2017 Income Tax

18-7-2017 Customs

17-7-2017 Customs

14-7-2017 Income Tax

13-7-2017 Central Excise

13-7-2017 Customs

13-7-2017 Central Excise

13-7-2017 Customs

7-7-2017 Income Tax

More Circulars



|| 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