TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>CESTAT Upholds Denial of Modvat Credit for Lack of Provision in Central Excise Act</h1> <h3>HINDUSTAN ORGANIC CHEMICALS LTD. Versus COMMR. OF C. EX. & CUS., MUMBAI-VII</h3> The CESTAT Mumbai upheld the decision to deny Modvat credit to the party due to lack of provision in the Central Excise Act/Rules for taking credit ... Refund - Suo motu credit in Modvat account The appellate tribunal CESTAT, Mumbai, under the direction of Shri P.G. Chacko, J., heard an appeal where the appellants failed to appear. The case involved the confirmation of a demand and penalty by the Assistant Commissioner of Central Excise, which was later set aside by the appellate authority. The party then took Modvat credit, which was opposed by the department. The Dy. Commissioner ordered recovery of the amount and imposed a penalty. The Commissioner (Appeals) ruled against the party regarding the Modvat credit but vacated the penalty. The learned SDR argued that the party's actions were illegal based on a previous tribunal decision. The tribunal agreed, upholding the impugned order and dismissing the appeal. The decision was based on the lack of provision in the Central Excise Act/Rules for taking credit without proper sanction, and the need for the party to claim a refund instead of taking credit. The appeal was thus denied.
TaxTMI 
TaxTMI 
