Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case Law/2013-14/2060

Credit available on angles, channels, MS Plates when proved that they are used in manufacture of machinery.

Case:-K.B.ROLLING MILLS (P) LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, HYDERABAD-I

Citation:-2014 (299) E.L.T. 466 (Tri.-Bang.)

Brief Facts:- The appellant availed Cenvat credit of duty paid on angles, channels, MS plates etc. on the ground that the appellant has no evidence for showing that these items have been used in the manufacture of components/machinery/equipment, etc., and cannot qualify as inputs, proceedings were initiated to deny the Cenvat credit of Rs. 3,21,565/- availed on these items during June to November, 2006. The proceedings have culminated in confirmation of the demand for the Cenvat credit with interest and penalty equal to the credit availed.

Appellant Contentions:-The learned counsel submits that the appellant had produced the Chartered Engineer’s certificate to show that inputs have been used within the factory for fabrication of machines/ equipments, etc. Further extended period has been invoked in this case. Extended period could not have been invoked since during the period till the matter was finally decided in the case of Vandana Global Ltd. by the Larger Bench as reported in2010(253) E.L.T. 440 (Tri.-LB), there were contrary decisions and therefore they entertained bona fide belief that they were eligible for the credit.
 
Respondent Contentions:-Learned AR would submit that in this case the appellant had not maintained any record for issue of these materials and their utilization. It is the responsibility of the assessee to show that inputs have been used in the factory for the purpose for which they claimed the Cenvat credit. Further he also submits that Chartered Engineer’s certificate cannot be accepted since it has no date; it does not say that Chartered Engineer visited the factory; it does not say when the Chartered Engineer visited the factory. Further the Chartered Engineer also says that the details worked out by him are estimates. He also submits that the Chartered Engineer himself has stated that in many cases the inputs have been used for fabrication of structural supports. He says that the Chartered Engineer’s certificate has to be rejected under these circumstances.
 
Reasoning of Judgment:-After hearing both sides, Tribunal finds that in this case a detailed stay order was passed wherein the Tribunal had given detailed observations for requiring the appellant to make pre-deposit. Even at the final hearing stage, no new facts to support the case of the appellant have been brought out. The appellants had failed to maintain proper records for the utilization of the inputs and admittedly there are no records reflecting the issue of goods and their utilization in their factory. Further, total agreement with the submissions made by the learned AR was made by the Tribunal as regards the certificate issue by the Chartered Engineer. Under these circumstances, it was held that the appellant has failed to show that the items in dispute have been used for the purpose for which they were received. Under these circumstances, the impugned order has to be upheld. Accordingly the appeal is rejected.
 
Decision:-Appeal Rejected.

Comment:-The crux of this case is that Cenvat credit is not available on angles, channels, MS plates, etc. which is used apparently for fabrication of structural supports. In case of Vandana Global Ltd. by the Larger Bench as reported in 2010(253) E.L.T. 440 (Tri.-LB) it was confirmed that credit is not available on supporting structures. Accordingly, for availing cenvat credit on angles, channels, MS Plates, the assessee is required to prove that they are used in the manufacture of machinery or its parts and components and are not used as supporting structures. 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com