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Samrat Forgings Ltd. Versus C.C.E & ST, Chandigarh-I

2016 (11) TMI 1159 - CESTAT CHANDIGARH

Cenvat credit - process of heat treatment - job work - as the appellants are clearing their final product on payment of service tax as also without payment of service tax, they are entitled to use only 20% of the credit so availed - whether the only objection of the Revenue is the appellants should not have taken the Cenvat credit on its own and should have filed refund claim, justified? - Held that: - From the letter dtd. 30.06.09, I find that a proper intimation was given to the Asstt. Commiss .....

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ect the appellants to deposit any part of demand or the penalty imposed - I have already held the Asstt. Commissioner having granted the permission during discussion amounts to grant of permission by the Revenue for claiming the refund. In any case, taking of credit back on deposit of tax amount in cash is only a book adjustment and Revenue is not disputing that such re-credit was available to the appellants otherwise on merits - appeal allowed - decided in favor of appellant. - ST/ 1770/2012 - .....

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f input services and was utilising the same for payment of service tax wherever paid. 2. Revenue entertained an objection that in as much as the appellants are clearing their final product on payment of service tax as also without payment of service tax, they are entitled to use only 20% of the credit so availed. 3. The appellants admitted to the above position and paid duty in cash which stands accepted by the Revenue. 4. As a consequence of payment of duty in cash, they became entitled for the .....

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the credit in Cenvat credit account simultaneously. During discussion after the above letter, you were kind enough to permit us to take credit in Cenvat credit and also without payment of interest, as there is no loss of revenue to the govt. It is bookish entry. Accordingly, ₹ 5,81,850/- have been deposited in cash on 30th June, 2009 and credit has been taken in the Cenvat credit." 5. Subsequently a show cause notice was issued to the appellant on 03.03.10 alleging that the self-book .....

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