when the assessee had not furnished the details relating to working of MODVAT which resulted in failure on the part of the assessee ... return of income filed, the assessee had arrived the MODVAT Credit utilization during the current year. According to the Assessing Officer, as per memo
this Court said that a credit under the MODVAT Scheme was 'as good as tax paid'.'
7. There is no provision ... modvat rules which provides for a reversal of the credit by the Excise authorities where it has been illegally and irregularly taken, in which event
moulds and dies, involved for the manufacture. Thus, there is double Modvat benefit to the assessee, which is violative of CENVAT/MODVAT provisions ... correct in law to allow double Modvat benefits to the assessee?"
C.M.A.No.2396 of 2005:
(i) Whether the Tribunal
when the assessee had not furnished the details relating to working of MODVAT which resulted in failure on the part of the assessee ... return of income filed, the assessee had arrived the MODVAT Credit utilization during the current year. According to the Assessing Officer, as per memo
some items. The order reads as follows:
"I disallow the modvat credit of Rs.1,38,712/- being the credit on the ineligible capital ... heard the case of the respondent/assessee, seeking the benefit of Modvat credit on capital goods, which were not accepted by the original authority, came
case, whether the first respondent was correct in denying the Modvat Credit to the extent of Rs.4,63,570/- relating to the inputs received ... case, whether the first respondent is correct in denying the Modvat Credit to the extent of Rs.4,63,570/- when there is no dispute
circumstances of the case, the Appellate Tribunal was justified in denying modvat credit on inputs such as lubricants and grease used in the captive mines ... Central Excise Tariff Act, 1985 . The appellant/assessee availed Modvat credit on certain capital goods/inputs which were used in its captive mines.
3. Insofar
clarificatory and therefore restorative in nature or not?
ii) Whether benefit of Modvat credit of capital goods can be denied where there is a apparent ... Central Excise Tariff Act, 1985 . The appellant/assessee availed Modvat/Cenvat credit on certain capital goods received from their factory and captive mines. Show cause
verification of records maintained by the assessee, it was found that certain MODVAT inputs as well as capital goods were exclusively used in manufacture ... department was, prima facie, of the view that the appellant had misused MODVAT credit scheme and evaded central excise duty. Accordingly, a show cause notice
Cenvat Credit Rules, 2004. In the result, the availment of MODVAT credit on such capital goods by the appellant (job worker) is in order ... Rules, in the said case, rejected the assessee's claim for Modvat credit of duty on the inputs used in the manufacture of parts
