Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2018 (2) TMI 1727

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t the same was received and used by the partnership firm i.e. the appellant. The Bill of Entry was also endorsed by the importer (partner) in favor of the appellant - the payment is not the criteria for taking the cenvat credit - credit allowed - appeal allowed - decided in favor of appellant. - APPEAL No. E/87824/17-Mum - ORDER No. A/85323/2018 - Dated:- 20-2-2018 - Hon ble Mr. Ramesh Nair, M .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e following judgments:- (i)Trichem Lab (Bombay) Pvt. Ltd. 2016 (337) ELT 596 (T); (ii)SS Cropcare Ltd. 2016 (343) ELT 1108 (T); (iii)Marmagoa Steel Ltd. 2005 (192) ELT 82 (Bom.); (iv)Marmagoa Steel Ltd. 2008 (229) ELT 481 (SC). 3.Shri S.J. Sahu, learned Assistant Commissioner (AR) appearing on behalf of Revenue, reiterates the findings of the impugned order. He submits that the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ng the cenvat credit. It has been held in various judgments that even in case of job worker, the credit is admissible even though when the job worker does not pay the value of the goods. Applying the same logic and in absence of any provision of payment transaction, cenvat credit cannot be denied to the appellant. Accordingly, I hold that in the given circumstances, cenvat credit is admissible .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates