Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s Motherson Sumi Systems Ltd. Versus C.C.E. NOIDA

2016 (8) TMI 835 - CESTAT ALLAHABAD

Demand - recovery of Cenvat credit on capital goods, Central excise duty alongwith interest and penalty and a short levy - credit was taken prior to receipt of input into the factory - Held that:- it is found that the CBEC Circular 645/36/2002-CX., dated 16.7.2002 provided that if the capital good are written off before use then the Cenvat credit availed has to be reversed. In the present case, there were no allegation that the capital goods were not used at all nor there were allegations that t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ved by appellants. The levy required as per transaction value was discharged. Therefore, original order is not sustainable to extent of confirmation of Central Excise duty, interest thereon and penalty equal to the same. - Decided in favour of assessee with consequential relief - E/1170/2007-EX(DB) - Final Order No. 70282/2016 - Dated:- 10-6-2016 - Shri Anil Choudhary, Judicial Member and Shri Anil G. Shakkarwar, Member (Technical) Present for the Appellant : Shri Atul Gupta, Advocate Present fo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

recovery of ₹ 60,94,560/- (ii) During the period from October 2002 to March 2003 the appellant had taken Cenvat credit of ₹ 17,278/- before actual receipt of inputs. (iii) It was alleged that the appellant had incurred expenses of ₹ 45,568/- towards purchase of durable and returnable packaging for the period from August 2002 to July 2003 and allegation was that assessee has short paid Central Excise duty to tune of ₹ 7,291/- on the said durable and returnable packaging. 3 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

duty of ₹ 7,291/and imposed penalty. 4. Aggrieved by the said Order-in-Original the appellant is before us. The contention of the appellant is that during the material period there were no provisions in Cenvat credit Rules or Central Excise Rules 1944 to reverse Cenvat credit on Capital Goods if the Capital Goods were not removed from the factory and they were simply written off in the books of account. The appellant agreed that credit of ₹ 17,278/- was taken prior to receipt of inp .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| 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