Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the assessee had taken reasonable steps under Rule 7(2) of the CENVAT Credit Rules, 2002 to ensure that the inputs were duty-paid so as to avail CENVAT credit.
Analysis: Rule 7(2) required the manufacturer taking CENVAT credit to take all reasonable steps to satisfy itself that the inputs were covered by documents evidencing payment of duty. The Explanation treated reasonable steps as satisfied only where the manufacturer or producer verified the identity and address of the supplier from personal knowledge, from a familiar handwriting or signature certificate, or from a certificate issued by the Superintendent of Central Excise. The assessee relied on a stock declaration and an undertaking from the principal manufacturer, but those measures did not fall within any of the statutory modes prescribed by the Explanation. The assessee therefore failed to establish compliance with the statutory requirement.
Conclusion: The assessee did not fulfil the requirements of Rule 7(2) and was not entitled to relief against the demand.
Ratio Decidendi: Compliance with Rule 7(2) of the CENVAT Credit Rules, 2002 requires verification of the supplier's identity and address in the manner prescribed by the Explanation, and substitute precautions not falling within those modes are insufficient to avail credit.