If Cenvat credit is availed wrongly taken, then it will be an independent liability by itself irrespective of its utilisation which may have followed, as far as taxing statutes are concerned. This has been held by High Court of Chattisgarh in matter of Commissioner Of C. Ex. & Cus., Raipur Versus Vandana Vidyut Ltd.-2016 (331) E.L.T....
Issue Whether Cenvat Credit can be availed on the basis of computer generated invoices bearing no signature but a declaration that “This computer generated paper does not need signature”. Dispute Revenue disputed that the computer generated invoices bearing a declaration “This computer generated paper does not need signature” are not valid documents to avail cenvat...
Cenvat Credit is admissible on sales promotion which includes services by way of sale of dutiable goods on commission basis . The notification no. 02/2016-C.E(N.T) inserts an explanation in clause (l), after sub-clause (C) of Rule 2 of Cenvat Credit Rules,2004. The Explanation is reproduced herein below : For the purpose of this clause, sales promotion includes...
Recently , minutes of Tariff Conference held on 28th and 29th October, 2015-reg. was released by CBEC under Instruction No. F.No.96/85/2015-CX.I dated 07.12.2015. CBEC has released this compliation which consists of various issues that has cropped through out different Commissionerates and discussions cum decisions taken on them accordingly Amongst various discussions , Meerut Commissionerate...
The Cenvat Credit Rules, 2004, has been amended to allow the utilisation of cenvat credit of Education Cess and Secondary and Higher Education Cess , paid on inputs/input services and capital goods,towards the payment of service tax . The amendment has been brought by notification No. 22/2015-C.E(N.T) Notification No. 22/2015-Central Excise (N.T.) New Delhi, the...
Issue- Second time duty was paid by the assessee. Instead of filing a refund they recreditted it on suo moto basis. Department disputed the same and demanded duty on teh basis of ratio laid down by Larger Bench of this Tribunal in the case of BDH Industries Ltd. Tribunal – Tribunal relied on the decision of Honourable...
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