2010 (8) TMI 766 - HC - Central Excise

Utilization of Cenvat Credit for discharging the deemed liability - Held that - The Cenvat Credit availed on manufacturing activity can be utilized for discharging the deemed liability on commission paid to foreign agents under Business Auxiliary Services as decided in COMMISSIONER OF CENTRAL EXCISE CHANDIGARH Versus M/s NAHAR INDUSTRIAL ENTERPRISES LTD and Others (2010 (5) TMI 608 - PUNJAB AND HARYANA HIGH COURT ) - in favour of assessee.

Summary

The Punjab and Haryana High Court dismissed the revenue's appeal under Section 35-G of the Central Excise Act, 1944 against CESTAT's order. The appeal questioned the utilization of Cenvat Credit for paying commission to foreign agents under Business Auxiliary Services. The court ruled based on a previous order that favored M/s Nahar Industrial Enterprises Ltd., leading to the dismissal of the appeal.