2014 (12) TMI 1082

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....hri K.K. Anand, Advocate, for the Appellant. Shri Yashpal Sharma, DR, for the Respondent. ORDER The appellant are manufacturers of motor vehicle parts. They receives moulds and dies from M/s. Maruti Udyog Limited on which M/s. Maruti Udyog Limited had paid the duty. The appellant took Cenvat credit of the duty paid by M/s. Maruti Udyog Ltd. on the moulds and dies supplied by them. The Dep....

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....and besides this, imposed penalty of equal amount on them under Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. On appeal to the Commissioner (Appeals), the above order of the Addl. Commissioner was upheld vide Order-in-Appeal dated 17-12-2012 against which this appeal has been filed along with stay application. 2. The period of dispute in t....

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....and the appellant took Cenvat credit of that duty only, that the department has not revised the assessment of duty at the end of M/s. Maruti Udyog Limited and hence, while considering the Cenvat credit of the duty paid by M/s. Maruti Udyog Limited, the jurisdictional central excise authorities of the appellant cannot seek review of the assessment of duty at the end of M/s. Maruti Udyog Limited, th....

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....were the old and used ones and not new and the same had been supplied to the Appellant at the depreciated value. The point of dispute is as to whether the cenvat credit in respect of moulds and dies available to the appellant would be restricted only to the duty payable on the transaction value of the moulds and dies or whether they would be eligible for Cenvat credit of the duty actually paid by ....