Tax Management India. Com
                            Law and Practice: A Digital eBook ...
TMI - Tax Management India. Com
Case Laws Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Manuals SMS News Articles Highlights
        Home        
 
Extracts
Home List
← Previous Next →

Commissioner of Central Excise, Service Tax And Customs BAGALORE-II Versus Pearl Insulations Pvt Ltd

2017 (12) TMI 765 - CESTAT BANGALORE

CENVAT credit - appellant have received copper, free of charge, from M/s. Enercon (I) Ltd. and manufactured certain components and cleared the same without payment of excise duty by availing the exemption under N/N. 6/2002 dated 1.3.2002 - case of Revenue is that CENVAT credit of about ₹ 95 lakhs availed by them was irregular inasmuch as the copper was meant to be used exclusively in the manufacture of exempted goods - Held that: - CENVAT credit has been availed on copper which has been re .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

RDER Per : V. Padmanabhan The present appeal has been filed by Revenue against the Order-in-Original No.01/2007 dated 27.2.2007. The respondent has also filed Cross Objection. 2. The assessee is engaged in the manufacture of insulated copper strips (enameled), insulated aluminium strips, bare copper strips, etc., falling under Chapter 85 and Chapter 74 of the Central Excise Tariff Act, 1985. During the course of verification of records of the assessee by the internal audit party, it was noticed .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

windmill. Since the input copper was received and CENVAT credit was availed on the same and a part of which was used in the manufacture and clearance of exempted products, the assessee reversed an amount at the rate of 10% of the value of exempted products in terms of Rule 6(3)(b) of CENVAT Credit Rules, 2004 but the Department took the view that since the inputs, copper, supplied free of cost, were used exclusively in the manufacture of exempted final product, the assessee was not entitled to a .....

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 assessee in terms of Rule 6(3)(b) of CENVAT Credit Rules, 2004. Aggrieved by the impugned order, Revenue has filed the present appeal contending that the adjudicating authority erred in denying the CENVAT credit of about ₹ 95 lakhs but should have approved the reversal of an amount at the rate of 10% made by the assessee in terms of Rule 6(3)(b) of CENVAT Credit Rules, 2004. 3. In the Cross Objection filed by the assessee, they have contended that an amount at the rate of 10% of the va .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

there was no suppression on the part of the assessee and hence, the entire demand is not sustainable and should be set aside. 4. We have heard both sides and considered the appeal records. The dispute has arisen in respect of the work carried out by the assessee for M/s. Enercon (I) Ltd. They have received copper, free of charge, from M/s. Enercon (I) Ltd. and manufactured certain components and cleared the same without payment of excise duty by availing the exemption under Notification No.6/200 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.