[2012] 26 taxmann.com 340 (Punjab and Haryana)
HIGH COURT OF PUNJAB AND HARYANA
V.G. Steel Industry
v.
Commissioner of Central Excise*
ADARSH KUMAR GOEL, ACTG. CJ.
AND AJAY KUMAR MITTAL, J.
CENTRAL EXCISE APPEAL NO. 12 OF 2011
MAY 23, 2011
Rule 3 of the CENVAT Credit Rules, 2004 - CENVAT Credit - General - Excess duty paid by supplier on inputs is eligible for credit - Department denied credit on inputs to assessee contending that duty paid thereon was higher than duty due - HELD : Even if duty has been paid in excess of amount finally held to be payable, unless excess duty paid has been refunded, assessee could claim Cenvat credit - Department cannot get duty twice - Credit was admissible to assessee [Paras 5 and 6] [In favour of assessee]
HIGH COURT OF PUNJAB AND HARYANA
V.G. Steel Industry
v.
Commissioner of Central Excise*
ADARSH KUMAR GOEL, ACTG. CJ.
AND AJAY KUMAR MITTAL, J.
CENTRAL EXCISE APPEAL NO. 12 OF 2011
MAY 23, 2011
Rule 3 of the CENVAT Credit Rules, 2004 - CENVAT Credit - General - Excess duty paid by supplier on inputs is eligible for credit - Department denied credit on inputs to assessee contending that duty paid thereon was higher than duty due - HELD : Even if duty has been paid in excess of amount finally held to be payable, unless excess duty paid has been refunded, assessee could claim Cenvat credit - Department cannot get duty twice - Credit was admissible to assessee [Paras 5 and 6] [In favour of assessee]
No comments:
Post a Comment