Commissioner of Central Excise Vs. Jay Chemicals Industries

Commissioner of Central Excise vs Jay Chemicals Industries

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai Decided Nov 01, 2000

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Citation: sooperkanoon.com/19613
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided On: Nov 01, 2000
Subject: Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue: Service Tax

Parties & Advocates

Appellant / Petitioner

Commissioner of Central Excise

Respondent

Jay Chemicals Industries

Legal References

Reported In: (2001)(127)ELT580Tri(Mum.)bai

Excerpt

1. by this appeal, the commissioner challenges the decision of the commissioner (appeals) that respondent was entitled to take modvat credit, the notional modvat credit in october 1991 whereas the goods have been received and credit taken in june, 1991. while the respondent seeks adjournment, i am of the few that the matter can be decided in the light of the decision of the tribunal in cce v. mysore lac & paints works -1991 (52) e.l.t. 590. the ratio of the decision that notional credit can be taken at a later date, within reasonable period of taking the credit and that bench of the tribunal found it to be six months, would squarely apply to the facts of the case.

Full Judgment

1. By this appeal, the Commissioner challenges the decision of the Commissioner (Appeals) that respondent was entitled to take Modvat credit, the Notional Modvat credit in October 1991 whereas the goods have been received and credit taken in June, 1991. While the respondent seeks adjournment, I am of the few that the matter can be decided in the light of the decision of the Tribunal in CCE v. Mysore Lac & Paints Works -1991 (52) E.L.T. 590. The ratio of the decision that notional credit can be taken at a later date, within reasonable period of taking the credit and that bench of the Tribunal found it to be six months, would squarely apply to the facts of the case.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Mumb... Same Parties Commissioner of Central Excise vs Jay Chemicals Industries Same Subject Service Tax