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Cus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCongress fields Rahul Gandhi from Rae Bareli and Kishori Lal Sharma from AmethiCus - The penalty imposed on assessee was set aside by Tribunal against which revenue is in appeal is far below the threshold limit fixed under Notification issued by CBDT, thus on the ground of monetary policy, revenue cannot proceed with this appeal: HCGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - If assessee is not charging VAT paid on purchase of goods & services to its P&L account i.e., not claiming it as expenditure, there is no requirement to treat refund of such VAT as income: ITATBengal Governor restricts entry of State FM and local police into Raj BhawanI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATCops flatten camps of protesting students at Columbia UnivI-T - No additions are permitted on account of bogus purchases, if evidence submitted on purchase going into export and further details provided of sellers remaining uncontroverted: ITATTurkey stops all trades with Israel over GazaI-T- Provisions of Section 56(2)(vii)(a) cannot be invoked, where a necessary condition of the money received without consideration by assessee, has not been fulfilled: ITATGirl students advised by Pak college to keep away from political eventsI-T- As per settled position in law, cooperative housing society can claim deduction u/s 80P, if interest is earned on deposit of own funds in nationalised banks: ITATApple reports lower revenue despite good start of the yearI-T- Since difference in valuation is minor, considering specific exclusion provision benefit is granted to assessee : ITATHome-grown tech of thermal camera transferred to IndustryI-T - Presumption u/s 292C would apply only to person proceeded u/s 153A and not for assessee u/s 153C: ITATECI asks parties to cease registering voters for beneficiary-oriented schemes under guise of surveys
 
CX - Cenvat Credit taken on plastic pouches for packing chewing tobacco sought to be denied on ground that SC banned usage of same - Question of recovery u/R.14 of CCRs does not arise as credit was validly taken: CESTAT

By TIOL News Service

ALLAHABAD, JAN 27, 2017: THE appellant is engaged in the manufacture of Chewing Tobacco and registered with Central Excise Department and availed Cenvat facility. The appellant has procured plastic laminated packing pouches as their inputs for packing their finished goods and avail Cenvat credit of Rs.2,00,879/-. Subsequently, Hon'ble Supreme Court ordered that plastic laminated packing pouches should not be used for packing of Chewing Tobacco. The said order of Supreme Court was pronounced on 11th May, 2011 and the Cenvat credit, stated above, was taken by the appellant in their books of accounts for the period from March, 2009 to March, 2011, much before said pronouncement by the Hon'ble Supreme Court. It appeared to Revenue that since the plastic laminated packing pouches was brought into cannot be used after 11th May, 2011, the Cenvat credit of Rs. 2,00,879/- availed on the same is recoverable.

The appellant submitted before the Original Authority that the plastic laminated packing pouches were in use for a long time for packing of products Chewing Tobacco and therefore, they were eligible inputs for a long time and Cenvat credit was availed on the same does not become ineligible because the said plastic laminated packing pouches material cannot be used for packing in the final product. They further stated that at the time credit was taken there was no final order passed by Hon'ble Supreme Court about use of the plastic laminated packing pouches for the packing of goods in question and therefore they were legally entitled to take Cenvat credit at the time of receipt of such packing material as input.

After hearing both sides, the Tribunal held:

+ The date on which Cenvat credit was taken by the appellant the inputs on which the Cenvat credit was taken were regularly in use for packing the finished product and therefore the Cenvat credit availed was eligible. The Cenvat credit which is validly taken needs to be reversed only when the inputs are cleared as such. Rule 14 of Cenvat Credit Rules, 2004 provided for recovery of irregularly availed Cenvat credit and it is beyond the scope of said Rule 14 of Cenvat Credit Rules to recover the Cenvat credit which was validly taken. It is therefore held that the Show Cause Notice is misconceived and therefore, the Show Cause Notice, Order-in-Original and Order-in-Appeal are set aside and the appeal is allowed.

(See 2017-TIOL-242-CESTAT-ALL)


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