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Commissioner of Central Excise, Mumbai II Versus M/s. Pepsico (I) Holdings Ltd.

2016 (11) TMI 269 - CESTAT MUMBAI

Reversal of Cenvat credit - Demand - Held that: - the bone of the contention in the case is whether the respondent is required to pay duty on the scrap on the cenvat credit availed on the inputs and capital goods - Tribunals decision in respondents .....

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Member (Judicial) and Shri Devender Singh, Member (Technical) Shri V.K. Agarwal, Addl.Comm.(AR) for the appellant Ms. Anjali Hirawat, Advocate for the respondent ORDER This appeal is directed against Order-in- Appeal No. AT/375 & 376/M-II/2005 d .....

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at credit of duty paid on such bottles. The adjudicating authority has claimed the demands raised on the ground that the broken glass bottles are liable to duty which is equivalent to the cenvat credit availed. The first appellate authority has relie .....

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of glass bottles as well as iron and steel arising in the factory promises of the respondent are classifiable under various chapter heading. It is his submission that it is undisputed that cenvat credit has been availed on the glass bottles in the c .....

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of the broken bottles jars at the time of filling are liable to tax under chapter heading 70.01. Ld. counsel would draw our attention to final order no. A/51702/2015-EX(DB) dated 16.04.2015 in their own case in respect of the factory at Meerut and su .....

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