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M/s. Petropole India Ltd. Versus CCE, Jaipur

2016 (9) TMI 125 - CESTAT NEW DELHI

Cenvat credit - duty paid in respect of various iron and steel articles - used for construction of civil structures as supporting structurals - Held that:- in view of the decision of Larger Bench of Tribunal in the case of Vandana Global Ltd. Vs. CCE [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)] which was considered by the Hon'ble Gujarat High Court in the case of Mundra Ports & Special Economic Zone Ltd. [2015 (5) TMI 663 - GUJARAT HIGH COURT] and stands over-ruled observing that the amendment is .....

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n the sole ground that the appellant was aware of the fact that the credit is not admissible and still, they took the credit. We find no appreciable reasons for observing so. Admittedly, the credit was being availed after reflecting the inputs in the statutory RG-23-D Part I and Part-II records. The fact of availment of credit was also being reflected in the statutory returns being filed with the Revenue. Non-disclosure of a fact for which there is no column in the records or in the returns, doe .....

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18-5-2016 - Smt. Archana Wadhwa, Member (Judicial) and Shri B. Ravichandran, Member (Technical) Shri R. Santhanam, Advocate for the appellant Shri M.R. Sharma, DR for the respondent ORDER After hearing both the sides, we find that the appellants have been denied the cenvat credit of duty paid of ₹ 2,12,946/- in respect of various iron and steel articles like plates, parallel, flange beams, channels, shapes & sections, angle, bars, etc. on the ground that the same have been used by the .....

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g such goods from the eligibility of the cenvat credit. Inasmuch as the period is prior to 7.7.2009, they would be entitled to the benefit of the credit. The appellant also challenged the credit on the point of limitation inasmuch as the credit was availed after reflecting the same in the cenvat credit records and there was no suppression or mis-statement on the part of the assessee, with any malafide intention. They referred to and relied upon the various decisions allowing the cenvat credit in .....

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ls, they would not be eligible as modvatable items inasmuch as the amendment which came into force on 7.7.2009 was only a clarificatory amendment and as such, is to be held as retrospective. However, we find that the said decision of the Larger Bench of the Tribunal was considered by the Hon ble Gujarat High Court in the case of Mundra Ports & Special Economic Zone Ltd. - 2015 (04) LCX0197 and stands virtually over-ruled. Inasmuch as the Hon ble High Court observed that the amendment issued .....

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