TMI Blog2021 (6) TMI 879X X X X Extracts X X X X X X X X Extracts X X X X ..... goods as per Rule 9 read with Rule 8 of Central Excise Act Valuation Rules, 2000. This has resulted in payment of differential duty. After discharging differential duty they had issued supplementary invoices in favour of the appellant-assessee on which the appellant-assessee had availed Cenvat credit - Rule 9(1)(b) of the Cenvat Credit Rules, 2004 prescribes that Cenvat credit availed on subsequent invoices involving sale of goods is denied in the circumstances where suppression of fact, misstatement etc. are involved. In the present case there is no sale of goods, but the differential duty has been paid on stock-transfer of goods by M/s.Jai Balaji Industries Ltd. (Unit-I) to the appellant-assessee - the entire exercise is revenue neutr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmed the demand under Rule 14 of the Cenvat Credit Rules, 2004 read with the provisions of section 11A of the Central Excise Act, 1944 along with applicable interest and also imposed penalty of equal amount under Rule 15 read with section 11AC of the Central Excise Act, 1944. On appeal, learned Commissioner(Appeals) rejected the appeal before him. Hence the present appeal before the Tribunal. 2. Shri S.Mohapatra, learned General Manager (Taxation) of the appellant company appeared and reiterated the grounds of appeal. He further submitted that the appellant s factory is an integrated steel plant and the principal raw materials are sponge iron, MS ingot etc. which have been procured from different customers as well as from the sister unit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... casion for denying the Cenvat credit availed on the strength of supplementary invoices, since the said Cenvat credit was also properly reflected in the appellant s ER-1 return as well as Cenvat Credit register and the same has been duly reported to the department on a month to month basis. (c) It is his submission that when there are proper invoices, proper admission and disclosures in the statutory returns such as ER-1 Return, Sales Tax Return etc., it is a settled proposition of law that there cannot be any denial of Cenvat Credit. (d) Furthermore, the learned General Manager(Taxation) also argued that when the differential duty payment of M/s.Jai Balaji Industries Ltd.(Unit-I) has been accepted as regular one, then there is no supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appeal records. 5. I find that M/s.Jai Balaji Industries Ltd. (Unit-I) was initially discharging their duty on the goods cleared to their sister concern on stock transfer basis, sales price to independent buyers during the relevant period. However, at the instance of the department, M/s.Jai Balaji Industries Ltd. (Unit-I) discharged their differential duty on the revised assessable value taking into consideration 110% of the cost of manufacture of the goods as per Rule 9 read with Rule 8 of Central Excise Act Valuation Rules, 2000. This has resulted in payment of differential duty. After discharging differential duty they had issued supplementary invoices in favour of the appellant-assessee on which the appellant-assessee had availed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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