Eligibility for input CENVAT credit utilization, invocation of ...

Eligibility for CENVAT Credit Challenged; Extended Limitation Invoked, Fines Imposed for Job-Work Non-Compliance.

August 30, 2024

Case Laws     Central Excise     AT

Eligibility for input CENVAT credit utilization, invocation of extended period of limitation, and imposition of fines and penalties in a case involving job-worked goods. The appellant failed to comply with record-keeping requirements u/r 9(5) of the Central Excise Rules, making it ineligible for CENVAT credit on inputs used in job-worked goods. However, the appellant can avail credit subject to verification of duty-paid invoices/documents within six months. The extended period was rightly invoked due to non-disclosure of job-work activity and non-payment of excise duty/service tax. The executive director's claim of mistaken impression was rejected, and penalties were upheld for willful contravention. While penalties on other appellants were reduced, the main appeal was partly remanded and partly allowed by the CESTAT.

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