2016 (4) TMI 1449 - 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 - it was held by High Court that 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. HELD THAT - Now the matter is pending before the Hon ble Apex Court in Special Leave to Appeal No. 16788/2015 titled as Commissioner of Central Excise Customs, Thane-I v. M/s. Oleofine Organic Pvt. Ltd. The issue therein is same as involved herein. These appeals are dismissed and would be covered by the judgment of the Bombay High Court, however, the revenue would be at liberty to seek revival of the appeals, if finally the Apex Court allow the appeal preferred by the revenue against the judgment of Bombay High Court.

Summary

The Rajasthan High Court dismissed the appeals as the issue was already pending before the Supreme Court in a related case titled Commissioner of Central Excise & Customs v. M/s. Oleofine Organic Pvt. Ltd. The revenue can seek revival of the appeals if the Supreme Court allows their appeal against the Bombay High Court judgment.