2014 (11) TMI 822 - HC - Central Excise

Recovery of CENVAT Credit - removal as such - rollers/cylinders were used for printing and when they became worn out, the same were again cleared to their vendors for new engraving/dechroming - Bombay High Court admitted the appeal of the assessee against the order of Tribunal 2013 (9) TMI 167 - CESTAT MUMBAI on the following substantial questions of law Whether, the CESTAT was correct in confirming the duty demand when the law is settled by the decisions of the two High Courts? Whether, the CESTAT was right in relying upon the decision of the Larger Bench of the Tribunal which was not passed in terms of Rule 3(5) of Cenvat Credit Rules 2004?

Summary

The High Court of Bombay admitted an appeal based on substantial questions of law regarding duty demand confirmation by CESTAT and reliance on a decision not passed in accordance with Cenvat Credit Rules 2004. Mr. Mishra waived service for the respondents.