2007 (4) TMI 416

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f the Cenvat Credit Rules, 2002, and imposing penalty of the like amount besides ordering interest to be recovered was upheld. 2. The authorities below have come to a concurrent finding that Maruti Udyog Ltd. (MUL in short) imported capital goods on 27-9-1994 under EPCG Scheme and these goods, namely, dies, fixtures etc. were transferred to the appellant for manufacture of sheet metal parts which were supplied to MUL on payment of duty. Since MUL could not fulfil the export obligation they paid differential amount of duty, CVD, and interest in terms of the EPCG Scheme. The said capital goods were transferred to the appellant in the year 1994. After the MUL paid the differential duty, they sent supplementary invoices dated 26-3-2002 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o gate pass or Central Excise invoice, as required under Rule 52A, was issued when the goods were sent to the appellant on "material gate passes". Relying on Rule 57R(3) of the Central Excise Rules, 1994, it was held that since the appellant did not purchase the capital goods, no credit was admissible. 5. The learned Counsel for the appellant contended that, the Commissioner has resorted to Rule 57R(3), as it stood prior to its amendment made on 17-6-1994. He submitted that the goods were received by the appellant on 29-7-1994 and as per the amended Rule 57R(3), the appellant was entitled to take credit on the basis of the supplementary invoices which related to such goods for which credit could be taken under the amended Rule 57R(3....