Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2016 (7) TMI 1109

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....L Narasimhan, Advocate for the Respondent ORDER Being aggrieved with the order passed by Commissioner (Appeals), Revenue has filed the  present appeal. 2. After hearing both the sides, duly represented by Shri Yogesh Agarwal, learned DR  appearing for the Revenue and Shri  B L Narasimhan, learned Advocate appearing for the assessee, we find that the dispute arose between the resp....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....inal decision of the Hon'ble Supreme Court, the cement manufacturer are entitled to avail cenvat credit of duty paid on the capital goods used in the  captive mines.   As a result, the credit reversal made by the respondents can be termed as having been made against declaration of  law by the Hon'ble Supreme Court. 4. In terms of the above decision of the Hon'ble Supreme Court....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ee directly before the Hon'ble Supreme Court.   As such, he observed that even though Commissioner's order was not challenged, assessee would be entitled to Cenvat credit already reversed by them in the light of law declared by the Hon'ble Supreme. 6. Being aggrieved with the said order, Revenue has filed the present appeal.  During the course of hearing, a specific question was pu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ble & Granite    Industries Pvt   Ltd. reported as [2015 (326) ELT 427 (SC)].   In an identical circumstances, it was held by the Hon'ble Supreme Court that after the proceedings had attained finality and have not been challenged before the higher authorities, the benefit cannot  be extended to that particular assessee in view of a subsequent decision by the....