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VIJAY BISHNOI, SUMAN SHYAM
Premier Cryogenics Limited – Appellant
Versus
Commissioner Central Excise and Service Tax Central Excise and Service Tax, Guwahati Division – Respondent
JUDGMENT :
Suman Shyam, J.
Heard Mr. D. Saraf, learned counsel appearing for the appellant. Also heard Mr. S. C. Keyal, learned counsel representing the respondent.
2. This appeal has been preferred by the assessee (M/S Premier Cryogenics Limited) assailing the order dated 02.05.2018 passed by the learned Central Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata in Excise Appeal No.E/75264/15, partly allowing the appeal filed by the assessee against the order dated 25.11.2014 passed by the Commissioner of Customs, Central Excise & Service Tax (Appeals), Guwahati.
3. The facts of the case, in a nutshell, are that the appellant herein is engaged in the business of manufacture of oxygen/nitrogen and is registered under the Central Excise Department vide Registration No.AABCP6683NXM001 and Service Tax Registration No.AABCP6683NXM001 having its manufacturing unit at Saukuchi, Lokhra Road, Guwahati, Assam. The manufacturing unit of the appellant commenced its commercial production on 26.03.2004. Under the Notification No.32/99-CE dated 08.07.1999 issued by the Central Government, the appellant was entitled to exemption on the credit of CENVAT including exemption on capital expendit
The central legal point established in the judgment is that there is no requirement to claim CENVAT credit only in the year of procurement, and the credit can be availed in subsequent financial years....
The main legal point established in the judgment is the interpretation and application of Rule 3(5) of the Cenvat Credit Rules, 2004, and its amendment in 2007, particularly regarding the refund of C....
The main legal point established is the need for verification and consideration of supporting documents before accepting a Chartered accountant certificate as the sole basis for a decision.
CENVAT credit on capital goods is admissible even if they are assembled into a larger stationary plant or are held under a lease arrangement, provided they are used within the factory for the manufac....
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