Back
RITU BAHRI, MANISHA BATRA
Commissioner of Central Excise, Chandigarh – Appellant
Versus
Hansa Tube Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding cenvat credit. (Para 1 , 2) |
| 2. arguments of the respondent regarding entitlement to cenvat credit. (Para 4 , 6) |
| 3. court's reasoning on cenvat credit entitlement. (Para 5 , 7 , 9 , 10) |
| 4. ratio on utilization of cenvat credit. (Para 8) |
| 5. court's final dismissal of the appeal. (Para 11) |
JUDGMENT
Ritu Bahri, J.
The revenue has come up in appeal against the judgment dated 20.03.2013 (Annexure A-3) passed by the learned Customs, Excise and Service Tax Appellate, Tribunal, Principal Bench, New Delhi whereby the appeal filed by the respondent-M/s. Hansa Tube Pvt. Ltd. against the order dated 09.09.2005 (Annexure A-2) passed by the Commissioner & Central Excise Chandigarh, had been allowed.
2. The respondent-company is engaged in manufacturing of Galvanized Plain Coils (G P Coils), Galvanized Plain Sheets ( G P Sheets) and Galvanized Corrugated Sheets (G C Sheets) falling under Chapter subheading 7210.19 and 7210.11 of the First Schedule to the Central Excise Tariff Act, 1935. During the audit of 2002-03 and 2003-04, the Central Excise Officer observed that the company had wrongly availed Cenvat credit to the tune of Rs.1,21,86,295/- on C.R. Coils
CENVAT credit cannot be denied based solely on shortages; it requires clear evidence of clandestine removal and credible links to capital goods definitions under applicable laws.
The main legal point established in the judgment is the interpretation and application of the definition of 'Capital Goods' and 'Inputs' under the Cenvat Credit Rules, 2004, and the relevance of prev....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
