9911796707
TMI Blog2018 (12) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... se on ad-valorem basis, which the appellant was discharging after availing cenvat credit of duty paid on the inputs as also on capital goods. 2. It is seen that based upon the audit reports, a case was made out against the assessee proposing denial of cenvat credit on the allegation that all the duty paying documents were under the name of M/s Johnson Matthey Chemicals Pvt. Ltd. and not in the appellant's name. As such the same cannot be considered to be proper eligible cenvatable documents. The appellant explained to the Revenue Authorities that M/s Johnson Matthey Chemicals Pvt. Ltd. have entered into an agreement with them for financial control and management of the appellant's business and to carry out such commercial operations. They ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... marketing and allied activities to run the business and in no way, does it disentitle the manufacturer of excisable goods i.e. ICI India Limited (presently Akzo Nobel Ltd.) to Cenvat Credit of the duty paid on inputs and capital goods. Further, the duty paying documents bear the name and address of both JMCIPL and ICI India Ltd. with the same address and duty paid goods had been duly received and utilized and hence, there is proper accountal thereof. Denial of credit on technical or flimsy grounds is not justified and the respondent is clearly wrong in denying credit lawfully due to the appellant on hyper-technical and flimsy grounds, indicated in the show cause notice even after thorough verification of the facts and records and correlati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was alleged in the show cause notice while passing the impugned order, nor was the assessee given any further opportunity of fair hearing after the report of the Assistant Commissioner was received. The demand is confirmed mechanically based on the show cause notice and not on the basis of subsequent verifications carried out. In such a situation, the appeal deserves to be allowed and the impugned order is liable to be vacated as unsustainable." 4. The present proceedings also revolve around the same dispute. After due adjudication, the appellants have been denied the cenvat credit to the tune of around Rs. 4.48 crores (Approx.) for the prior period 01.02.2010 to 31.03.2014 along with imposition of penalty of identical amount on the same ..... X X X X Extracts X X X X X X X X Extracts X X X X
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