Appellate Tribunal rules denial of credit for lack of own godowns invalid. Refund application required. The Appellate Tribunal CESTAT, Mumbai allowed the appeal, stating that denial of credit due to dealers not having godowns of their own is not valid. The ...
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Appellate Tribunal rules denial of credit for lack of own godowns invalid. Refund application required.
The Appellate Tribunal CESTAT, Mumbai allowed the appeal, stating that denial of credit due to dealers not having godowns of their own is not valid. The Tribunal clarified that a refund application is necessary, and reversal of credits is not the proper course of action as Modvat credits cannot be recovered under time-limit provisions of Section 11A. The appeal was allowed with consequential relief.
The Appellate Tribunal CESTAT, Mumbai allowed the appeal stating that denial of credit due to dealers not having godowns of their own is not valid, following the decision in Anshika Forgings Pvt. Ltd. The Tribunal clarified that refund application is necessary and reversal of credits is not the proper course of action, as Modvat credits cannot be recovered under time-limit provisions of Section 11A. The appeal was allowed with consequential relief.
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