2016 (6) TMI 193 - AT - Central Excise

Cenvat credit of duty paid by the suppliers of raw material - Revenue s contention is that the supplier of raw materials should have availed the benefit of exemption Notification No. 44/2001-CE (NT) dated 26/06/2001 which covers clearances against invalidated advance licences - Held that - We find that the issue is no more res-integra and stands settled in favour of the assessee in their own case reported as Balakrishna Industries Ltd. vs. CCE, Jaipur - I (2015 (1) TMI 938 - CESTAT NEW DELHI). By rejecting the Revenue s stand that the input suppliers should have used the invalidated licences, instead of clearing the goods on payment of duty, it was held that the duty paid by the input supplier is available as credit to the input recipient. Reference was made to number of precedent decisions of the Tribunal. - Decided in favour of assessee

Summary

The appeal involved whether the appellant could avail Cenvat credit of duty paid by raw material suppliers. The Tribunal ruled in favor of the appellant, citing a precedent decision in their own case. The impugned orders were set aside, and the appeals were allowed with consequential relief to the appellants.