2015 (10) TMI 650 - HC - Central Excise

Cenvat Credit - supplier paid the duty on clearance of goods procured locally under ARO or Invalidation Letter - Whether the Notification No. 44/2001-CE (NT) dated 26th June, 2001 has been complied with by the party or not - Held that - anxiety of the revenue is that the appellant should avail of the benefit of this notification only on satisfaction of the conditions therein. Since the supplier who has supplied the goods and which are stated to excisable, to the assessee before us, he has recovered the price and on such recovery including of the Tax component divested itself completely of the title in the goods, then, the apprehension of the revenue has no basis. In the given facts and circumstances, the anxiety is taken care of. Any larger issue or wider controversy can be gone into and in an appropriate case. Thus, we find that no substantial question of law arises in the present appeals. - Decided against Revenue.

Summary

The Bombay High Court dismissed the revenue's appeal regarding compliance with Notification No. 44/2001-CE (NT) by the assessee. The Court found no substantial question of law as the supplier had divested itself of title in the goods supplied to the assessee. The appeals were dismissed with no costs.