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Makino Auto Industries (P.) Ltd. Versus Commissioner of Central Excise and Service Tax, Noida

2015 (10) TMI 2516 - CESTAT ALLAHABAD

Cenvat credit availed on inputs utilised in the fabrication of tools and dies denied - Held that:- It is an admitted fact that the appellant have utilised the inputs in question falling under Chapter 72 of the CET Act in the fabrication of tools and .....

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Accordingly, allow the appeal with consequential benefits if any. - APPEAL NO. E/56011/2014 - Final Order No. A/70010/2016-SM - Dated:- 30-10-2015 - ANIL CHOUDHARY, JUDICIAL MEMBER For The Appellant : Rakshit Verma, Adv. For The Respondent : V.K. Sh .....

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n the fabrication of tools and dies have been denied. 2. The appellant is manufacturer of motor vehicle components and parts. The show cause notice dated 20-7-2012 was issued on the basis of audit as it appeared that the appellant have availed Cenvat .....

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TH, the inputs will not fall under the definition of capital goods as defined in Rule 2 of the Cenvat Credit Rules, 2004. Further it appeared that the appellant failed to make proper disclosure to the Revenue from time-to-time and accordingly extende .....

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d. 3. The appellant contested the show cause notice by filing reply. It was also contended that extended period of limitation is not attracted as the appellants have disclosed regularly in the returns filed with the Revenue of the Cenvat credit avail .....

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n the manufacture of final product being auto parts. It was further contended that although they were entitled to take hundred per cent Cenvat credit, but by mistake they have taken only 50% credit. The SCN was adjudicated vide order-in-original, dat .....

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ved the appellant preferred appeal before the ld. Commissioner (Appeals) who was pleased to dismiss the appeal holding that the extended period of limitation is attracted as the appellant never specifically disclosed the use of inputs in fabrication .....

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etc., is not sufficient disclosure under the Central Excise law. 5. Being aggrieved the appellant is before this Tribunal in appeal. The ld. counsel for the appellant urges that it is admitted case of the Revenue that the inputs in question have been .....

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