Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
CGST - Acts + GST Rates GST Ntf. GST Forms GST - Manual GST - FAQ State GST Acts SGST Ntf. I. Tax Manual
Extracts
Home List
← Previous Next →

Commissioner of Central Excise Nashik Versus Graphite India Ltd.

Reversal of CENVAT credit - service tax paid by utilising the cenvat credit availed from a common pool - whether an assessee is a manufacturer as well as service provider can maintain a consolidated cenvat account in respect of input and input services used for both the activities and pay the excise duty and service tax from such consolidated account? - Held that: - the credit of either excise duty paid on input or service tax paid on the input services have been termed as cenvat credit and the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

010/862 dated 30.03.2010 states that the utilisation of cenvat credit from common pool for payment of excise duty and/or service tax is permissible. - The respondent has rightly paid the service tax from a common pool of cenvat credit - appeal dismissed - decided against Revenue-appellant. - ST/713/11 - A/85509/17/SMB - Dated:- 23-1-2017 - Shri Ramesh Nair, Member (Judicial) Shri A.B. Kulgod, AC (AR) for the appellant Ms. Mansi Patil, Advocate for the respondent ORDER The fact of the case is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ies as well as services provided by them. The show-cause notice was issued proposing demand of service tax paid by utilising the cenvat credit availed from a common pool. The adjudicating authority confirmed the demand imposed penalties and demanded interest. Being aggrieved by that Order-in-Original the respondent filed appeal before the Commissioner (Appeals), who vide impugned order allowed the appeal and set aside the Order-in-Original. Therefore revenue is before me. 2. Shri A.B. Kulgod, ld .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

for the respondent submits that the cross utilisation of cenvat credit between the manufacturing and services is allowed as held in various following judgments:- a) S.S. Engineers 2015 (317) ELT 597(T) b) Jyoti Structures 2012 (285) ELT 356(T) c) Godavari Sugar Mills 2015-TIOL-2491-HC-KAR d) Lakshmi Technology & Engineering Inds. Ltd. 2011-TIOL-700-CESTAT-MAD She further submits that even the Board vide letter F.No. 381/23/2010/862 dated 30.03.2010 also accepted that utilisation of credit, f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f input and input services used for both the activities and pay the excise duty and service tax from such consolidated account. I find that the availment of cenvat credit in respect of excise duty service tax etc. and utilisation thereof has been provided in Rule 3 of Cenvat Credit Rules, 2004, which is reproduced below:- Rule 3. Cenvat Credit (1) A manufacturer or producer of final products or a provider of taxable service shall be allowed to take credit (hereinafter referred to as the CENVAT c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l Importance) Act, 1957 ( 58 of 1957); (v) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001); (vi) the Education Cess on excisable goods leviable under section 91 read with section 93 of the Finance (No.2) Act, 2004 (23 of 2004); (via) the Secondary and Higher Education Cess on excisable goods leviable under section 136 read with section 138 of the Finance Act, 2007 (22 of 2007); (vii) the additional duty leviable under section 3 of the Custom .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cation Cess on taxable services leviable under section 91 read with section 95 of the Finance (No.2) Act, 2004 (23 of 2004); and (xa) the Secondary and Higher Education Cess on taxable services leviable under section 136 read with section 140 of the Finance Act, 2007 (22 of 2007); and (xi) the additional duty of excise leviable under section 85 of Finance Act, 2005 (18 of 2005 ) 5. From the reading of the above rule, it is clear that the credit of either excise duty paid on input or service tax .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

y from such common pool. The judgments cited by the ld. counsel for the respondent directly support their case. The Board in the letter F.No. 381/23/2010/862 dated 30.03.2010 examined the matter which is reproduced below:- F. No. 381/23/2010/862 Dated: 30.03.2010 Subject: Cross utilization of credit on inputs and input services-reg Under the existing provisions, a manufacturer who is also providing taxable services is required to obtain registration as manufacturer of excisable goods and also as .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| 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