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M/s. Piramal Enterprises Ltd. Versus CCE & ST, Indore

2016 (8) TMI 586 - CESTAT NEW DELHI

Cenvat credit - import of raw materials - appellant's present name not mentioned in bills of entry - Held that:- it is clear that at the time of import, the bills were filed in the name of the company as existing at that time. The change of names have been effected, and there is no dispute on that count. I find the reason followed by the lower authorities is devoid of any merit. The goods have been imported by the appellant and have been used for intended purpose. The reason for denial is not le .....

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ber (Technical) Rep. by Shri Mehul Jivani, CA for the appellant. Rep. by Shri M.R. Sharma, AR for the respondent. ORDER The appeal is against order dated 26.02.2016 of Commissioner of Central Excise, Indore. 2. The brief facts of the case relevant to the appeal are that the appellant availed cenvat credit on various raw materials imported during the period 2006-2010. The credits were in terms of 27 bills of entry. In the present appeal, the issue involved is restricted to only 7 bills of entry. .....

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appellant was earlier known as Nicholas Piramal India Ltd. and the name was changed to Piramal Health Care Ltd. on 13.05.2008 after due approval by the competent authorities. Again the name was changed to Piramal Enterprises Ltd. on 31.07.2012. Though these facts were recorded by the lower authority, he still denied the credit on the ground that it is the importer, who is eligible to take credit and the name of the appellant is not figuring in the bills of entry. Ld. Counsel submitted that the .....

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ant to be used in the manufacture of the goods on behalf of the importer under loan licence basis. Due endorsement has been made by the importer and it is not disputed that the said raw materials have been used by the appellant in the manufacture and thereafter, the clearance of final products was on payment of duty. 4. Ld. AR reiterated the findings of the ld. Commissioner. 5. Heard both the sides and examined the appeal records. 6. The only point for decision is eligibility of the appellant fo .....

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