Back
CUSTOM EXCISE & SERVICE TAX APPELLATE TRIBUNAL, BOMBAY
MS. JYOTI BALASUNDARAM, Moheb ali m., JJ.
Bharat Forge Ltd. -Appellant
Versus
Commissioner of Central Excise, Pune-III -Respondent
Final Order Nos. CI/2449 and 2450/WZB/2003 Application No. E/Stay-1406/2003-Mum. Appeal No. E/2189/2003-Mum., CI/2449 of 2003, 2450 of 2003, E/Stay-1406 of 2003, E/2189 of 2003
Decided On : 13-10-2003
Per Jyoti Balasundaram : After hearing both sides on the application for waiver of pre-deposit of duty of Rs. 31,87,359/- and penalty of Rs. 10 lakhs we find that it was possible to decide the appeal itself at this stage as the issue in dispute is covered by two circulars of the CBEC. Hence after waiving pre-deposit of duty and penalty we proceed to hear and dispose of the appeal with the consent of both sides.
2. The issue in dispute is the admissibility of the Cenvat credit after 01/04/2000 on capital goods used in the manufacture of intermediate products, namely, dies, which carry nil rate of duty under Notification 67/95-CE then used further in the manufacture of the appellants' final products which were cleared on payment of duty. It is the case of the department that w.e.f. 1/04/2000. Cenvat credit is not available to exempted goods, whether final products or intermediate goods.
3. On hearing both sides we find that the position stands clarified by the CBEC circular dated 03/04/2000 [reported in 2000 (37) RLT M97] in which the Board has clarified that Cenvat credit should not be denied if the inputs are used in the intermediate of the final products even if the intermediate is exempt from payment of duty. Circular No. 665/56/2002-CX. dated 25/09/2002 [reported in 2002 (52) RLT M111] is also relevant, which clarifies that Cenvat credit should not be denied on capital goods used in the manufacture of intermediate goods exempt from payment of duty which are used captively in the manufacture of finished goods chargeable to duty. In other words these circulars clarifies that even if the intermediate product is exempt from payment of duty, as long as the final products in which the intermediate products are captively consumed carry duty and cleared on payment of duty then Cenvat credit is admissible on the inputs, machinery, goods used in the manufacture of exempted products. Since these circulars cited supra cover the issue in dispute we hold that the appellants are eligible to the amount of credit in question and set aside the impugned order for recovery of Cenvat credit and imposition of penalty and allow the appeal.
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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
