2014 (3) TMI 751

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....missioner (AR) JUDGEMENT Per: P R Chandrasekharan: 1. The appeal is directed against Order-in-Appeal No. TH-I/41-42/2011 dated 14/11/2011 passed by Commissioner of Central Excise (Appeals), Mumbai. 2. Vide the impugned order, the Ld. Lower appellate authority has upheld the denial of Cenvat Credit amounting to Rs.3,12,809/- along with interest thereon and by imposing penalty of Rs.10,0....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Cenvat Credit Rules, 2004. There is no dispute whatsoever about having paid the CVD on the consignment or about receipt of the consignment at Thane unit. It is his contention that the appellant is rightly entitled for the credit on the strength of the endorsed bill of entry since the bill of entry is a specified document for availment of credit. He relies on the decision of the Tribunal in the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n the Tribunal had taken a view that endorsed invoice is not a relevant document for availing of credit. Accordingly, he pleads that availing of credit on the endorsed bill of entry is not permissible in law. 5. I have carefully considered the submissions made by both the sides. 5.1 In the present case, there is no dispute that the imported consignments has not suffered CVD or the said consi....