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Appellate Tribunal Remands Case for Reassessment of CENVAT Credit Claims and Invoice Verification for March 2017. The Appellate Tribunal set aside the impugned Order-in-Appeal concerning the wrongly availed CENVAT credit of Rs.10,02,461/- for March 2017. It remanded ...
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Appellate Tribunal Remands Case for Reassessment of CENVAT Credit Claims and Invoice Verification for March 2017.
The Appellate Tribunal set aside the impugned Order-in-Appeal concerning the wrongly availed CENVAT credit of Rs.10,02,461/- for March 2017. It remanded the case to the Adjudicating Authority for fresh consideration, including the limitation issue, based on the appellant's contention of improperly disallowed credit and non-production of input tax invoices. The Tribunal rejected bifurcation of the amount and emphasized a comprehensive reevaluation of the appellant's claims, including the verification of available invoices. The appeal was allowed by way of remand, with the Tribunal's decision pronounced on 21st May 2024.
Issues involved: Challenge to Order-in-Appeal regarding wrongly availed cenvat credit. 1. Background: The appellant, engaged in manufacturing Signalling Relay, challenged Order-in-Appeal upholding demand of wrongly availed cenvat credit of Rs.10,02,461/- for March 2017. 2. Show Cause Notices: Two show cause notices issued for different periods demanding sums on grounds of non-production of input tax invoices during audit. Adjudication disallowed cenvat credit on Input Service Distributor (ISD) invoices, leading to imposition of penalties. 3. Appellant's Contentions: Appellant argued that Commissioner should have verified available invoices instead of relying on Divisional Officer's report. Claimed credit disallowed improperly, especially ISD invoices. 4. Appellate Tribunal's Decision: Tribunal noted denial of credit due to non-production of invoices during audit. Recommended remand to Adjudicating Authority for fresh consideration based on documents provided. 5. Remand Order: Tribunal remanded the matter for full consideration, rejecting bifurcation of the amount. Appellant's request for remand to Adjudicating Authority was accepted. 6. Limitation Issue: Appellant raised limitation issue, citing precedent. Tribunal set aside impugned order, allowing appeal by way of remand for fresh consideration, including the limitation issue. 7. Conclusion: The Tribunal's decision on remand for reevaluation by the Adjudicating Authority was pronounced on 21st May, 2024.
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