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Cus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCongress fields Rahul Gandhi from Rae Bareli and Kishori Lal Sharma from AmethiCus - The penalty imposed on assessee was set aside by Tribunal against which revenue is in appeal is far below the threshold limit fixed under Notification issued by CBDT, thus on the ground of monetary policy, revenue cannot proceed with this appeal: HCGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - If assessee is not charging VAT paid on purchase of goods & services to its P&L account i.e., not claiming it as expenditure, there is no requirement to treat refund of such VAT as income: ITATBengal Governor restricts entry of State FM and local police into Raj BhawanI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATCops flatten camps of protesting students at Columbia UnivI-T - No additions are permitted on account of bogus purchases, if evidence submitted on purchase going into export and further details provided of sellers remaining uncontroverted: ITATTurkey stops all trades with Israel over GazaI-T- Provisions of Section 56(2)(vii)(a) cannot be invoked, where a necessary condition of the money received without consideration by assessee, has not been fulfilled: ITATGirl students advised by Pak college to keep away from political eventsI-T- As per settled position in law, cooperative housing society can claim deduction u/s 80P, if interest is earned on deposit of own funds in nationalised banks: ITATApple reports lower revenue despite good start of the yearI-T- Since difference in valuation is minor, considering specific exclusion provision benefit is granted to assessee : ITATHome-grown tech of thermal camera transferred to IndustryI-T - Presumption u/s 292C would apply only to person proceeded u/s 153A and not for assessee u/s 153C: ITATECI asks parties to cease registering voters for beneficiary-oriented schemes under guise of surveys
 
CX - No justification to deny CENVAT credit on capital goods merely because they are installed in sister Unit: CESTAT

 

By TIOL News Service

AHMEDABAD, JUNE 26, 2018: THE assessee installed boiler and parts thereof in Unit II but availed CENVAT credit in their Unit no. I. The electricity generated in Unit II was exclusively used in their Unit I.

Holding the credit taken in Unit I as inadmissible, the demand was confirmed with penalty and interest.

Having failed before the Commissioner(A), the appellant is before the CESTAT and informs that subsequent to the demand notice, on application made by them, they received centralized registration for both the units on 26th April 2013.

Inasmuch as since whatever electricity generated in their Unit II had been captively consumed in their Unit I, credit was rightly taken on the capital goods viz. boiler and parts.

The appellant relied on the decision in OPG Metals Pvt. Ltd. - 2016-TIOL-1842-CESTAT-MAD wherein in similar facts and circumstances the credit was allowed.

The CESTAT extracted the cited decision and by following the same, set aside the impugned order and allowed the appeals.

(See 2018-TIOL-1949-CESTAT-AHM)


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