<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2023 (5) TMI 430 - CESTAT MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=437623</link>
    <description>Cenvat credit on inputs cannot be denied merely because the supplier&#039;s process was later held not to amount to manufacture and the supplier&#039;s payment was characterised as a deposit rather than excise duty. Where the supplier&#039;s payment had been accepted in assessment, the recipient held valid invoices, and the inputs were used in manufacture, the credit scheme continued to apply. The departmental view at the recipient&#039;s end could not retrospectively recharacterise the supplier&#039;s duty payment or defeat otherwise eligible credit. On that basis, the disallowance of credit was not sustainable, and the related demand, interest, and penalty also fell.</description>
    <language>en-us</language>
    <pubDate>Thu, 23 Feb 2023 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 10 May 2023 16:48:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=713337" rel="self" type="application/rss+xml"/>
    <item>
      <title>2023 (5) TMI 430 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=437623</link>
      <description>Cenvat credit on inputs cannot be denied merely because the supplier&#039;s process was later held not to amount to manufacture and the supplier&#039;s payment was characterised as a deposit rather than excise duty. Where the supplier&#039;s payment had been accepted in assessment, the recipient held valid invoices, and the inputs were used in manufacture, the credit scheme continued to apply. The departmental view at the recipient&#039;s end could not retrospectively recharacterise the supplier&#039;s duty payment or defeat otherwise eligible credit. On that basis, the disallowance of credit was not sustainable, and the related demand, interest, and penalty also fell.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Thu, 23 Feb 2023 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=437623</guid>
    </item>
  </channel>
</rss>