2019 (7) TMI 1926 - HC - Central Excise

Modvat / Cenvat availed on inputs - Some input transferred to sister unit as stock transfer (which is not sale) - HELD THAT - In the impugned order Tribunal has based its decision, on the facts on an earlier decision of the tribunal which followed COMMISSIONER OF CENTRAL EXCISE, NAGPUR VERSUS M/S BALLARPUR INDUSTRIES LTD 2007 (8) TMI 10 - SUPREME COURT , where Tribunal has held that since there is no sale, Modvat is not required to reversed. SC has reversed the decision of the Tribunal and held that on even on stock transfer, Modvat is required to be reversed There are no infirmity in the said order of the tribunal, let alone any substantial or ordinary question of law arising from it to be determined by this Court. Appeal dismissed.

Summary

The High Court of Calcutta allowed the condonation of delay in filing an appeal and directed the department to register the appeal immediately. The appeal and stay application were dismissed as the court found no substantial question of law arising from the tribunal's order.