Tax Management India.Com

Home Page

Home List
← Previous Next →

2018 (10) TMI 694

CENVAT Credit - denial on the ground that the credit was availed by the assessee after the prescribed period (of six months), being imposed by way of amendment with effect from 01.09.2014 - Held that:- It is an admitted position of law that prior to 01.09.2014, there was no such time limit prescribed under the statute - The said period of limitation has further been amended vide Notification No. 0 .....

X X X X X X X

Full Text of the Document

X X X X X X X

i) ₹ 1,27,034/- under Rule 14 of the CENVAT Credit Rules (CCR), 2004 read with Section 11A(4) of the Central Excise Act, 1944 along with applicable interest under Section 11AA and penalty under Section 11AC of the Act. The appellant rebutted the proposals made in the above Show Cause Notice, vide its letter dated 28.11.2016, but the adjudicating authority not being convinced, confirmed the p .....

X X X X X X X

Full Text of the Document

X X X X X X X

e assessee has therefore preferred this appeal before this forum. 3. During the course of hearing, Ms. S. Vishnupriya, Ld. Advocate appeared for the assessee-appellant and Shri. S. Govindarajan, AC (AR) appeared for the Revenue. 4. I have heard the rival contentions, perused the records and have gone through the decisions referred to during the course of arguments. 5. On a perusal of the impugned .....

X X X X X X X

Full Text of the Document

X X X X X X X

ind that it is also not the case of Revenue that the credit was availed after more than one year. 6. The Mumbai Bench of the Tribunal has decided a similar issue in the case of M/s. Mercedes Benz India Pvt. Ltd. Vs. Commissioner of Central Excise and Service Tax, Pune-I reported in [2018-TIOL- 2455-CESTAT-MUM] wherein after considering the pleadings, the Bench has concluded as under : 6. The short .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →