1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
TaxTMI Login
🚀 New: Section-Wise Filter ✕
Just a moment...
1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
Press 'Enter' to add multiple search terms. Rules for Better Search
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
<h1>Manufacturers denied Modvat credit for captive consumption due to non-compliance with filing requirements</h1> The Tribunal dismissed the appeals regarding the eligibility of Modvat credit for items consumed captively after manufacturing in the same factory. The ... Demand - Limitation Issues involved: Eligibility of Modvat credit for items consumed captively after manufacturing in the same factory, classification under Tariff Item 68, invocation of larger period of limitation for non-filing of classification list and non-payment of duty.Eligibility of Modvat Credit: The appeals were filed against the decision regarding the eligibility of Modvat credit for items consumed captively after manufacturing in the same factory, such as storage bins, racks, hand trolleys, and partitions. The appellants, manufacturers of automobile parts, claimed exemption under Notification No. 118/75 but did not file a classification list for these items after the Central Excise Tariff Act came into effect. Show cause notices were issued for the period in question, alleging failure to take necessary licenses, non-filing of classification lists, and non-payment of duty.Invocation of Larger Period of Limitation: The main contention of the assessee was that since the Department was aware of the manufacturing of these goods for captive consumption since 1972, the invocation of a larger period of limitation was not justified. They argued that unless there was deliberate suppression of facts, the department could not invoke a longer period of limitation. However, the adjudicating authority rejected this argument, leading to the appeals.Decision and Reasoning: The Tribunal considered the submissions and noted that the appellants were not eligible for Modvat credit, as they had not filed the required classification list despite being aware of the law. Citing a previous judgment, the Tribunal held that the appellants had violated the law by not filing the classification list, and therefore, the appeals were dismissed. The Tribunal emphasized that the knowledge of the department about the manufacturing activities did not exempt the appellants from the provisions of the Central Excise Act.
TaxTMI 
TaxTMI 
