2020 (3) TMI 149

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er for disposal. Learned Counsel for the Appellant Assessee submits that the name of the Company has been changed from M/s. Texmaco Ltd. to M/s. Texmaco Rail and Engineering Ltd. as per the Order of the Hon'ble High Court Calcutta dated 6th September 2010. Accordingly, we direct that the name of the Appellant/Respondent may be recorded M/s. Texmaco Rail and Engineering Limited. 2. The facts of the case are that the Assessee is registered with the Central Excise Department and are manufacturing excisable goods such as structural materials, Pressure Vessels, parts of Sugar Mills machinery, railway wagons, etc. They have imported wheel sets for use in the manufacture of railway wagons. They availed CENVAT credit on the amount of additional d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l for Assessee Appellant contests the demand on the following grounds :- (i) Against the same Bills of Entry which are subject of dispute in the present appeals, they had imported wheel sets both "on payment of duty" and without payment of duty under DEEC Licence. The goods which were imported under DEEC Licence were not subject to any duty and therefore they had not availed any CENVAT Credit at all on the goods. Therefore, they were not required to reverse any CENVAT Credit at all while transferring the goods to their Sister Unit. By mistake, they reversed CENVAT Credit of the CVD taken. The amount of CVD so reversed has been taken as credit by the receiving Sister Unit. Therefore, the question of reversing more amount towards the SAD do....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....This Sub - Rule was not invoked in the SCN at all. During the period this Sub - Rule read as follows :- "If any person, takes or utilises CENVAT Credit in respect of the input of capital goods or input services wrongly or in contravention of any of the provisions of this Rule 6 of such goods shall be liable to confiscation and such person shall be liable to penalty not exceeding the duty or services takes on such goods or services as the case may be, or Rs. 2,000.00, whichever is higher". Learned Counsel for the Assessee would submit that there is no allegation in the entire SCN that they have availed or utilized CENVAT Credit wrongly. The only allegation is that they have not reversed the CENVAT Credit while transferring the goods to t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in respect of both the CVD and SAD paid by them. It is not in dispute that against the same Bills of Entry some wheel sets were cleared on payment of duties and same were cleared under DEEC without payment of duty and it is not possible to separate duty paid goods from the goods cleared under DEEC. Therefore, the only way to decide whether the goods which were transferred to the sister unit were duty paid or duty free is based on the records of the assessee and how they treated the transferred goods. 9. It is not in dispute that the appellant assessee has treated the transferred goods as duty paid and also reversed some portion of the CENVAT Credit so availed. The amount of CENVAT Credit so reversed has been taken as credit by the sister ....