2016 (2) TMI 254

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....ing No. 34031900 and is availing cenvat credit facility as provided in Cenvat Credit Rules, 2004. The appellant received certain imported material through their associated company, M/s. Suyash Enterprises, and availed cenvat credit against bill of entry bearing No. 654296 dated 3.3.2006, 825019 dated 15.11.2006 and 774706 dated 6.2.2009 received by them from M/s. Suyash Enterprises duly endorsed in their favour. The said credit has been disputed by the lower excise authorities on the ground that endorsed bill of entry is not considered as valid document under Rule 9(1) of the Cenvat Credit Rules, 2004. The appellant was issued two show cause notices seeking recovery of a total amount of Rs. 2,41,718/- (Rs.1,77,358/- + Rs. 64,360/-) under th....

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....redit. There is no specification in the said Rule that bill of entry should not be endorsed one. Therefore, the document on the strength of which they have taken the credit, is a valid document. The endorsement in this case has been made for the reason that the entire consignment was transferred to the appellant. He also submitted that there is no dispute about the fact that the appellant has received the inputs on which they have taken credit and duty liability has been discharged in respect of CVD for which credit has been taken. 4. On the other hand, the learned AR reiterated the findings of the Commissioner (Appeals). 5. I have heard the learned counsel for the parties and perused the records. 6. The only question to be decided....

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....of Entry is not one of the documents prescribed under Rule 9 of the CENVAT Credit Rules, 2004. It is interesting to note that, in the case of Marmagoa Steel Ltd., the Department wanted the Bills of Entry to be endorsed in favour of that company so that the said company can claim CENVAT credit of the CVD paid thereon. The Hon'ble High Court found no provision of law for such endorsement of Bill of Entry. There is no such provision under the CENVAT Credit Rules, 2004 either. Nevertheless, this was not the relevant consideration for the Hon'ble High Court to take a view in favour of the above company. The Court took note of the fact that the inputs were duly received in the factory and used in the manufacture of excisable products. On this bas....