GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
What's New Case Laws Highlights Articles News Forum Short Notes Statutory TMI SMS More ...
Extracts
Home List
← Previous Next →

2017 (6) TMI 798 - CESTAT BANGALORE

2017 (6) TMI 798 - CESTAT BANGALORE - TMI - CENVAT credit - steel items such as MS plates, angles, bars and rods, rounds, sheets, flats etc. - denial on the ground that these steel items are neither inputs nor capital goods - Held that: - appellants have only claimed CENVAT credit of 35% on the total quantity of steel purchased which has been used in the manufacture of capital goods - the appellants have rightly availed the CENVAT credit on 35% of the steel which was used in the manufacture of 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

Per S. S. Garg The present appeal has been filed against the impugned order dated 28.8.2014 passed by the Commissioner (A) whereby the Commissioner (A) has rejected the appeal of the appellant but modified the demand of CENVAT credit from ₹ 16,32,578/- to ₹ 5,71,401/- and accordingly, the penalty is also confined to this amount of ₹ 5,71,401/-. 2. Briefly the facts of the case are that the appellants are engaged in the manufacture of excisable goods viz., SGCI inserts and othe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n capital goods. It appeared that the credit availed by the appellants on the aforesaid steel items under CENVAT Credit Rules was irregular as the same will not fit into the definition of either capital goods under Rule 2(a) of the CENVAT Credit Rules or definition of inputs under Rule 2(k) as the same are not used in or in relation to the manufacture of final products. Therefore, a show cause notice was issued to the appellants proposing to disallow and recover the irregular CENVAT credit avail .....

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 the said order, appellant filed appeal before the Commissioner (A) who reduced the demand from ₹ 16,32,578/- to ₹ 5,71,401/-, after taking the reports from the Assistant Commissioner who reported that the appellants availed only ₹ 5,71,401/- as CENVAT credit in ER-1 returns during the month of March 2007 to April 2007. 3. Heard both the parties and perused the records. 4. Learned counsel for the appellant submitted that the impugned order is not sustainable in law as 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

tal goods based on the Central Excise certificate. He further submitted that appellant have not availed CENVAT credit on 65% of the steel used in building and supporting structures. He further submitted that the extended period of limitation has been wrongly invoked on the part of the appellant. He also submitted that the appellant have used the steel items i.e., MS flats, plates, angles, rods, rounds, etc., in the manufacture of capital goods such as moulding hopper, Knockout chamber, rails for .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the Central Excise certificate to this effect to the department but the learned Commissioner (A) has not considered this evidence at all. Further, I find that the Commissioner (A) has rejected the CENVAT credit mainly on the ground that the appellant have failed to substantiate their claim with evidence whereas the appellant filed the certificate prepared by the Chartered Engineers who has certified that out of the total credit 35% of the steel amounting to ₹ 5,71,403/- used in the manufac .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Advanced Search


Latest Notifications:

    Dated      Category

20-7-2017 Cus (NT)

20-7-2017 GST CESS Rate

19-7-2017 IT

19-7-2017 IT

18-7-2017 IT

18-7-2017 CE (NT)

18-7-2017 CE

18-7-2017 GST CESS Rate

15-7-2017 Kerala SGST

14-7-2017 Andhra Pradesh SGST

14-7-2017 Cus (NT)

14-7-2017 Cus

13-7-2017 Co. Law

13-7-2017 Co. Law

13-7-2017 ADD

13-7-2017 ADD

12-7-2017 Jammu & Kashmir SGST

12-7-2017 Gujarat SGST

12-7-2017 Gujarat SGST

12-7-2017 CGST Rate

More Notifications


Latest Circulars:

21-7-2017 Goods and Services Tax

20-7-2017 Goods and Services Tax

20-7-2017 Goods and Services Tax

19-7-2017 Goods and Services Tax

19-7-2017 Income Tax

18-7-2017 Customs

17-7-2017 Customs

14-7-2017 Income Tax

13-7-2017 Central Excise

13-7-2017 Customs

More Circulars



|| 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