2015 (10) TMI 1036 - HC - Central Excise

Validity of Cenvat credit taken on duty paid - whether duty has been paid or not and if duty has been paid by the supplier/assessee, the receiving assessee cannot be found fault with if he takes CENVAT credit of the duty paid so long it is used as input and CENVAT credit is admissible High Court dismissed the appeal filed by revenue against the decision of Tribunal 2013 (11) TMI 1339 - CESTAT BANGALORE by following the decision in another case 2005 (1) TMI 125 - HIGH COURT OF JUDICATURE AT MADRAS . Tribunal in the impugned order held that Assessee is eligible to take CENVAT credit of duty paid which is specified in the First Schedule to the Central Excise Tariff Act - The responsibility of the receiver of the inputs/capital goods is to ensure that duty has been paid and the same has been received by him, accounted for by him and utilized by him properly.

Summary

The High Court of Andhra Pradesh dismissed an appeal by the Revenue in C.E.A. No. 38 of 2014, citing a previous dismissal on the same issue. No costs were awarded.