Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/CASE LAW/2015-16/2707

Whether credit on fabrics admissible on basis of formula even if documentary evidence available?
Case:-COMMISSIONER OF CENTRAL EXCISE, MUMBAI-I Versus PRAKASH COTTON MILLS P. LTD.
 
Citation:- 2015 (315) E.L.T. 110 (Tri. - Mumbai)

 
Brief Facts:-The brief facts of the case are that the respondents are the manufacturer of unprocessed fabric and which was exempted till 31-3-2003. On 1-4-2003, the unprocessed fabric became excisable, therefore, the Rule 9A of the CENVAT Credit Rules, 2002 was inserted for providing how the Cenvat credit on inputs, work in process and stock lying is available to the manufacturers. The respondent took the credit as provisions of Rule 9A(1) of the CENVAT Credit Rules, 2002 as documentary evidence. Revenue is of the view that the respondent are not entitled to take Cenvat credit as per Rule 9A(1) of the Rules as the same is not applicable to the case and they are entitled to take credit as per Notification 35/2003, dated 10-4-2003. Therefore, the proceedings were initiated. The Adjudicating Authority denied the Cenvat credit which was taken in excess as provided in Notification 35/2003 ibid. But on appeal before the Commissioner (Appeals), it was found that the respondents are entitled to take Cenvat credit as per Rule 9A(1) of the Rules. Therefore, he set aside the Adjudication order. Aggrieved from the same, the revenue is before Tribunal.
 
Appellants Contention:- The Revenue is in appeal against the impugned order wherein the Commissioner (Appeals) has allowed the Cenvat credit taken by the respondent on 1-4-2003. Revenue is of the view that the respondent are not entitled to take Cenvat credit as per Rule 9A(1) of the Rules as the same is not applicable to the case and they are entitled to take credit as per Notification 35/2003, dated 10-4-2003.
 
Respondents Contention:-The respondent took the credit as provisions of Rule 9A(1) of the CENVAT Credit Rules, 2002 as documentary evidence. It is explained by the respondent that the remaining stock was with the job worker, as per Rule 9A the goods lying with the job worker is also entitled for Cenvat credit.

Reasoning Of Judgement:-Heard both sides. As per Rule 9A(1) of the Rules, an assessee can take Cenvat credit on the basis of documentary evidence to ascertain how much credit is available. It is not in dispute that respondent has produced documentary evidence to avail Cenvat credit. Therefore, Notification 35/2003 is not applicable to the facts of this case as same is applicable where the assessee is taking credit without any documents. Therefore, the said Notification suggests the formula how the amount of Cenvat credit is to be calculated. As in this case, the respondent has taken the Cenvat credit on the basis of documentary evidences as per Rule 9A(1) of the Rules. The provisions of Notification No. 30/2003 are not applicable to the facts of this case. Therefore, the tribunal do not find any infirmity in the impugned order for availment of the Cenvat credit on the basis of documentary evidence. Further, there is a dispute that there was some excess credit taken by the respondent over and above the stock available at the physical verification. It is explained by the respondent that the remaining stock was with the job worker, as per Rule 9A the goods lying with the job worker is also entitled for Cenvat credit. In these terms, they do not find infirmity in the impugned order, appeal filed by the revenue is dismissed.
 
Decision:- Appeal dismissed.

Comment:- The analogy in the case is that as per Rule 9A(1) of Cenvat Credit Rules,2001, an assessee can take Cenvat credit on the basis of documentary evidence and the provisions of the Notification 35/2003 is not applicable in that case. Moreover, assessee is also entitled to cenvat credit of stock was lying with the job worker.

Prepared By-Neelam Jain
 
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