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Central Excise - Highlights / Catch Notes

Home Highlights October 2013 Year 2013 This

Confiscation of the Inputs for non accounting – the ...

Central Excise

October 14, 2013

Confiscation of the Inputs for non accounting – the confiscation of inputs for non-accounted and imposition of penalty is not sustainable. - AT

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  1. ITC - non registration of office as input service distributor - appellant cannot be denied Cenvat Credit availed by them in the absence of registration as input service...

  2. Cenvat Credit - rejection of CENVAT Credit based on non registration of input service distributor - receipt of input services at head office - credit allowed - AT

  3. Duty demand - Non putting MRP on export of biscuits - CENVAT Credit - even in respect of exempted goods, CENVAT credit can be availed on inputs/input services if such...

  4. No accounting of non cenvatable goods – there is no provision for maintaining account of non-cenvatable inputs in the Central Excise Rules - no penalty - AT

  5. Non-reversal of CENVAT Credit - Inputs lost during the process of manufacture are not required to be considered for reversal of credit - credit remains allowed.

  6. CENVAT credit - inputs - Non maintenance of records by the dealer, cannot be the ground for denial of cenvat credit - AT

  7. Refund claim - input services (GTA) received were exempted retrospectively - the order denying refund only on the non compliance of procedural condition cannot be sustained - AT

  8. Refund claim - Export of Sevices - Cenvat credit would be available of input services even if out-put services are non-taxable. - HC

  9. Denial of Cenvat credit – credit cannot be denied on the input service on the mere ground of non-mention of registration number in the invoices - stay granted on this count - AT

  10. Duty Drawback - While giving a declaration for non-availment of CENVAT credit, applicant has to ensure that it has also not claimed CENVAT credit on service tax on input...

 

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