2008 (11) TMI 535 - AT - Central Excise

Summary

Issues:
1. Appeal against Order of the Commissioner (Appeals) regarding credit taken on repaired capital goods.

Analysis:
The Appellate Tribunal CESTAT, New Delhi, heard the appeal against the Order of the Commissioner (Appeals) regarding the credit taken on capital goods sent for repair. The respondents had sent the capital goods for repair to the original supplier, who replaced certain parts and paid the duty involved. Upon return, the supplier raised invoices and paid duty, allowing the respondent to take credit on the received goods. The original authority and Commissioner (Appeals) both ruled in favor of the respondent, upholding the validity of the credit taken.

The Tribunal noted that the determination of dutiability of goods procured by the respondent falls under the jurisdiction of the officer in-charge of the dispatching/supplying unit, not the respondent's unit. As the duty had been paid by the supplying unit without any variation, the Tribunal found no grounds to interfere with the Commissioner (Appeals) order. Consequently, the appeal by the Department was rejected.

In conclusion, the Tribunal affirmed the decision of the Commissioner (Appeals) regarding the credit taken on the repaired capital goods, emphasizing the jurisdictional responsibility for determining dutiability and the absence of any irregularity in the duty payment process.