9911796707
TMI Blog2014 (9) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... l product. As such, I am of the view that the certificate given by M/s. DSM Sugars, Asmoli on the invoices indicating that are being transferred and in the absence of any dispute to the factual aspect, I find that the appellant is entitled to the CENVAT credit involved in the present appeal - Decided in favour of assessee. - E/2371/2007-ST(SM) - FINAL ORDER NO.50411/2014 - Dated:- 6-2-2014 - Archana Wadhwa, J. For the Appellant : Shri RC Gupta, Adv. For the Respondent : Shri RK Mishra, DR PER : Archana Wadhwa The appellant is engaged in the manufacture of mould steel ingots and runners and risers under an agreement entered into by them with M/s. DSM Sugar Asmoli. Under the said lease agreement dated 26.09.2002, the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal in the case of CCE, Coimbatore Vs. Coimbatore Murugan Mills [2003 (86) ECC 627(T)] has held as under:- 4. We have considered the submissions made by both sides. In normal circumstances, when there is a sale by one assessee to another independent assessee, the endorsed modvatable invoices have been held as not proper documents for the purpose of modvat credit by the Larger Bench decision of the Tribunal rendered in the case of Balmer Lawrie Ltd. However, in the instant case, the situation is different as much as it is a transfer of the consignments of the inputs by two sister concerns of the same parents unit namely National Textile Corporation Ltd. There is no sale between the two units. Hence, the ratio of the Larger Bench dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the manufacture of the final product, which was being cleared by the appellant, the Revenue's objection that such CENVAT credit is not available in as much as the same was taken on the basis of the endorsed invoices cannot be held. Admittedly, this is not a case of sale of capital goods from one manufacturer unit to another. It is a case where the capital goods are bought by the lesser and transferred to the lessee's factory, under lease agreement for further manufacture of the final product. As such, I am of the view that the certificate given by M/s. DSM Sugars, Asmoli on the invoices indicating that are being transferred and in the absence of any dispute to the factual aspect, I find that the appellant is entitled to the CEN ..... X X X X Extracts X X X X X X X X Extracts X X X X
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