M/s. Suryadev Alloys & Power Pvt. Ltd. Versus Commissioner of GST & Central Excise Chennai Outer
Central Excise
2018 (11) TMI 739 – CESTAT CHENNAI – TMI
CESTAT CHENNAI – AT
Dated:- 14-11-2018
Appeal No. E/42092/2018 – Final Order No. 42882/2018
Central Excise
Ms. Sulekha Beevi C.S., Member (Judicial)
Ms. S. Sridevi, Advocate for the Appellant
Shri L. Nandakumar, AC (AR) for the Respondent
ORDER
Brief facts are that the appellants are engaged in manufacture of MS billets, TMT bars, etc. and are availing the facility of CENVAT credit on inputs, capital goods and input services. It was noticed that the appellants have availed CENVAT credit based on invoices issued by their head office as input service distributor wi
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. She submitted that the appellant had reversed the entire credit even before issuance of the show cause notice. The only violation alleged by the department is that the head office had distributed the credit without taking ISD registration. Since there is only one unit apart from the head office, the credit was distributed and therefore the appellant was under bonafide belief that they are eligible to avail the credit. Further, the installation of air-conditioners where only renovation of the premises and the appellant is eligible for credit. Even though the credit impugned in this appeal is eligible, the appellant has reversed the same and is not contesting on merits. That the penalty therefore may be set aside.
3. The ld. AR Shri L. Nan
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