CENVAT credit availed by the assessee on inputs, input services, ...

Tribunal rules against denying CENVAT credit on mere suspicion, invoking Rules 6 & 11(3) improperly.

Case Laws Central Excise

September 6, 2024

CENVAT credit availed by the assessee on inputs, input services, and brand promotion services was disputed. The Tribunal held that denying credit of Rs. 6,25,651 on inputs consumed in a single day based on mere suspicion without evidence is unsustainable. Credit of Rs. 5,14,168 on returned goods cannot be denied as they were accounted for in stock records. Credit of Rs. 89,61,000 on brand promotion services availed before the final product became exempt cannot be denied invoking Rule 6. Rule 11(3) mandates reversal of credit on inputs contained in exempted final products but not on input services. Denial of Rs. 26,70,004 credit for incorrect address on invoices is improper as per Rule 9(2) proviso. Extended period demand cannot be invoked without evidence of suppression of facts. Interest u/r 14 and penalty u/r 15 cannot be levied while recovering amounts u/r 11(3)(ii). The Tribunal allowed appeals by the assessee and dismissed the revenue's appeal.

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CENVAT credit availed by the assessee on inputs, input services, ...

Tribunal rules against denying CENVAT credit on mere suspicion, invoking Rules 6 & 11(3) improperly.

Case Laws Central Excise

September 6, 2024

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