2018 (5) TMI 1201 – CESTAT NEW DELHI – 2018 (363) E.L.T. 1000 (Tri. – Del.) – Benefit of N/N. 67/1995 dated 01.03.1995 – After exhausting the useful life, such moulds and dies were cleared to the customer (M/s Parryware) on payment of VAT /CST – Held that: – moulds and dies will enjoy such exemption only as long as such goods remain within the factory of the appellant – In the present case, such moulds and dies after they become obsolete were cleared for home consumption. The monetary consideration has also been received by the appellant on which VAT stands paid – benefit of notification not allowed – appeal dismissed – decided against appellant. – Ex. Appeal No. 50022 of 2018 – A/51411/2018-EX[DB] – Dated:- 16-4-2018 – Mr. Justice (Dr.) S
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
t were used within the factory for captive consumption. No duty was paid at the time of captive consumption of such moulds and dies as per Notification No. 67/1995 dated 01.03.1995. After exhausting the useful life, such moulds and dies were cleared to the customer (M/s Parryware) on payment of VAT /CST. The Department was of the view that at the time of such clearance of the moulds from the factory, duty was required to be paid on the transaction value of such moulds and dies. Accordingly, demand of Central Excise was raised and penalty was also imposed. Being aggrieved, the present appeal is filed by the appellant. 3. With this background, we heard Sh. Alok Kothari, ld. Advocate for the appellant and Sh. M. R. Sharma, ld. AR for the Reven
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
e record. The moulds and dies in question have been manufactured within the factory of the appellant and used for the manufacture of goods for supply to the customer i.e. M/s Parryware. For the period when moulds and dies remained within the factory of the appellant, these goods enjoyed the benefit of Notification No. 67/1995, which is available for captive consumption. In the present case, such moulds and dies after they become obsolete were cleared for home consumption. The monetary consideration has also been received by the appellant on which VAT stands paid. We are of the view that moulds and dies will enjoy such exemption only as long as such goods remain within the factory of the appellant. At the time of clearance of such goods to t
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =