Custom, Excise & Service Tax Tribunal
M/S. South India Research Institute ... vs Cc,Ce&St, Guntur on 4 June, 2013
CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL SOUTH ZONAL BENCH AT BANGALORE Court I(DB) Date of Hearing & decision:04/06/2013 Application No.E/Stay/24/2012 Appeal No.E/38/2012 (Arising out of Order-in-Appeal No.12/2011(G)(D)CE dt. 28/09/2011 passed by CC,CE&ST(Appeals), Guntur) M/s. South India Research Institute (Pvt.) Ltd. ..Appellant(s) Vs. CC,CE&ST, Guntur ..Respondent(s)
Appearance Mr. Harish R, Advocate for the appellant. Ms. Sabrina Cano, Superintendent(AR) for the respondent.
Coram:
Honble Mr. D.N. Panda, Member(Judicial) Honble Mr. B.S.V. Murthy, Member(Technical) FINAL ORDER No._______________________ Order per: D.N. Panda The only controversy in this appeal is whether the aluminium foil purchased by the appellant paying excise duty entitles it to take CENVAT credit of such duty. He submits that Revenue denied the credit on the ground that making of aluminium foil does not amount to manufacture in the hands of the supplier. Only on that ground appellant was disentitled to the credit. He relies on the Notification No. 24/2012-C.E.(N.T.) dt. 19/04/2012 to submit that non-reversal of CENVAT credit is permissible where the credit is taken upto 15/03/2012. Present case of the appellant is prior to that period and pertains to August 2005 to June 2010. Therefore benefit of the Notification is undeniable to the appellant.
2. Entire proposition of the learned counsel for the appellant is agreeable to the Revenue.
3. In view of the above and on perusal of the Notification, it transpires that stay application and appeal both should be disposed by this common order. We order accordingly allowing the appeal dispensing predeposit. (Pronounced and dictated in open court) (B.S.V. MURTHY) MEMBER (TECHNICAL) ( D.N. PANDA ) MEMBER (JUDICIAL) Nr 2