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RITU BAHRI, MANISHA BATRA
Winsome Yarns Ltd. (Unit-III) – Appellant
Versus
Commissioner of Central Excise – Respondent
| Table of Content |
|---|
| 1. appellant availed cenvat credit on capital goods. (Para 2) |
| 2. arguments for and against cenvat credit claim. (Para 3 , 4) |
| 3. court analyzes justification for tribunal's ruling. (Para 5 , 14) |
| 4. user test applied for assessing capital goods definition. (Para 11 , 12 , 13 , 15) |
| 5. tribunal's judgment rectified, appeal allowed. (Para 16) |
JUDGMENT
Manisha Batra, J.
This is an application for condonation of delay of 4 days in filing the appeal.
For the reasons mentioned in the application, the same is allowed and the delay of 4 days in filing the appeal is condoned.
Main Case
This Tax Appeal filed under section 35G of the CENTRAL EXCISE ACT , 1944 (for short Act, 1944") is directed against order No.60289/2017 dated 20.02.2017 in Appeal No.E/57276/2013-SM(BR) passed by Customs, Excise and Service Tax Appellate Tribunal, Chandigarh-II (hereinafter to be mentioned as "Tribunal").
2. Material facts giving rise to the present appeal, briefly stated are that the appellant Company is engaged in manufacture of cotton yarn and holds the Central Excise Registration. It has been availing cenvat credit on capital goods and input services which are used in or in relation to manufacture
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.
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 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....
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