9911796707
TMI Blog2013 (6) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... having no liability to pay central excise duty. Their liability, if any, could arise only on manufacturing and in respect of such liability claim for Cenvat Credit could be made. Till manufacturing was done, question of Cenvat Credit did not arise nor question of exercising option arises. Trader was liable to pay duty element to seller under a contract. The Coal India opted for availing CENVAT fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Aditya Nath Mittal, JJ. Shri Aloke Kumar and Udai Chandani, Counsels, for the Petitioner. Shri Madhur Prakash and Shakti Dhar Dube, for the Respondent. ORDER We have heard Shri Aloke Kumar and Shri Udai Chandani, learned counsel appearing for the petitioners. Shri Madhur Prakash and Shakti Dhar Dube appear for the respondents. 2. The petitioners are private limited companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2011, that the central excise duty @ 5% (including 0.15% cess) on coal may be levied to enable it to avail the CENVAT credit under the provisions of CENVAT Credit Rules, 2004 and in this view of situation, the central excise duty has been imposed @ 5.15% so as to enable the company to avail CENVAT credit. 5. A similar question came up for consideration at the instance of the traders before a Div ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs in such a fact situation to avail CENVAT credit on the purchase of manufactured goods. After due consideration, we do not find any ground to interfere with the view taken by learned Single Judge. It is clear that the appellants are only traders purchasing manufactured goods having no liability to pay central excise duty. Their liability, if any, could arise only on manufacturing and in resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ders will not be able to pass CENVAT credit and that the ultimate burden will fall on the consumers. 7. We are informed by the parties, that only 10% of the coal is sold by Coal India Limited to the traders. The Coal India Limited has decided to avail CENVAT credit under the CENVAT Credit Rules, 2004 in order to avoid the cascading effect of the central excise duty, and to ultimate benefits to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
