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2016 (12) TMI 1636 - AT - Central ExciseCENVAT credit - inputs - records maintained by First Stage Dealer - Held that - the issue has already been decided in the case of The Commissioner of Central Excise Customs & Service Tax Versus M/s. Juhi Alloys Ltd., Anil Kumar Shukla 2014 (1) TMI 1475 - ALLAHABAD HIGH COURT , where it was held that the assessee was a bona fide purchaser of the goods for a price which included the duty element and payment was made by cheque. The assessee had received the inputs which were entered in the statutory records maintained by the assessee - appeal allowed.
Issues:
- Appeal against Order-in-Original No.07/Commissioner//LKO/CX/2009 - Procurement of raw materials from M/s M.K. Steels Pvt. Ltd. - Allegations of issuing same invoices from Kolkata - Observations from the Hon’ble Jurisdiction High Court - Applicability of Cenvat credit - Agreement between both parties on the issue - Setting aside of the impugned order - Allowance of appeals with consequential relief Analysis: The appeal was filed against Order-in-Original No.07/Commissioner//LKO/CX/2009 by the Appellant-assessee. The case revolved around the procurement of raw materials from M/s M.K. Steels Pvt. Ltd., with allegations of the same invoices being issued from Kolkata. The Hon’ble Jurisdiction High Court's observations in a related case emphasized the importance of ensuring that appropriate excise duty had been paid on the goods. The Court noted the bona fide nature of the assessee's purchase, including payment by cheque and proper entry in statutory records. The goods were received under the cover of Form 31 issued by the Trade Tax Department, and the assessee was found to have acted diligently in its dealings with the first stage dealer. During the argument, both parties agreed that the issue at hand was already addressed by an earlier decision of the Tribunal and the ratio established by the jurisdictional High Court. Considering the totality of facts and circumstances, the impugned order was set aside by the Tribunal. As a result, both appeals were allowed, providing consequential relief to the parties involved.
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