9911796707
TMI Blog2007 (7) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... not allowed - E/593/2006 - A/1733/2007-WZB/AHD - Dated:- 9-7-2007 - [Order per : M. Veeraiyan, Member (T)]. - This is an appeal against the order of the Commissioner No. 138/BVR/Commr/2005 dated 25-11-2005. 2.Heard both sides. 3.The relevant facts, in brief, are as follows : (a) The appellant imported a ship for breaking and the same was beached in their plot which was also registered a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the entire credit taken was not permissible, accordingly, disallowed the entire credit. Commissioner also disallowed Cenvat credit amounting to Rs. 17,617/- wrongly taken on fuel and oil inside engine room of the ship which came for breaking. He has also demanded central excise duty of Rs. 3,89,551/- debited through their Cenvat accounts by wrongly utilizing the Cenvat credit. He also imposed pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on for beaching of the vessel has been granted by the Customs Officers on 15-9-2004. Under these circumstances, the reason for the delay in grant of out of charge by the Customs is not explained. Even if the delay was justified, it cannot lead to denial of Cenvat credit on the CVD paid on the vessel. The taking of credit before out of charge is given is at the most, a technical violation. This tec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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