2015 (11) TMI 1404 - AT - Central Excise

Denial of CENVAT Credit - Capital goods - Improper documents - Held that - Importer has filed declaration before the Revenue authorities that the goods entered in the bill of entry have been transferred to the appellant. Moreover, the invoice has been issued in favour of the appellant for transfer of the goods for the appellant. Therefore, I hold that the appellant has correctly taken the credit on the strength of document showing duty paying character of the goods. As the duty paid on the goods has not been disputed - Decided in favour of assessee.

Summary

The appellant appealed against the denial of credit on capital goods due to improper documents. The appellant took credit based on a bill of entry not endorsed in their name. However, the importer declared the goods were transferred to the appellant, and the invoice was issued in their favor. The appellant correctly took credit, as the duty paid on the goods was not disputed. The appeal was allowed with consequential relief.