Cce, Chennai Vs. M/S. Shree Ganesh Steel Rolling Mills Ltd.

Cce, Chennai vs M/S. Shree Ganesh Steel Rolling Mills Ltd.

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai Decided Jan 06, 2010

~2 min read

https://sooperkanoon.com/case/942489

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/942489
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Judge: The Honourable Ms. Jyoti Balasundaram, Vice President &Amp; the Honourable Dr. Chittaranjan Satapathy, Technical Member
Decided On: Jan 06, 2010
Case Number: E/522 of 2002 and E/CO/206 of 2003
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

Cce, Chennai

Advocate Ms. Indira Sisupal, JDR, for the Appellant. Shri G.Natarajan, Advocate for the Respondents.

Respondent

M/S. Shree Ganesh Steel Rolling Mills Ltd.

Excerpt

heard both sides. the respondents have received ingots and taken credit of duty paid thereon. the said ingots were meant for use in the manufacture of ctd bars and rounds. the respondents had credit of rs.1,67,218/- as on 31.7.1997 which lapsed after the modvat rules were amended on introduction of the compounded levy scheme. the scheme, however, was postponed and came into effect from 1.9.1997. the respondents have cleared the inputs namely steel ingots lying in stock mostly during august 1997 and partly during december 1997. the department seeks to demand duty on the said ingots on the ground that the credit of duty paid on the ingots as inputs has been taken. it is the case of the respondents that since the credit lying unutilized has lapsed on 1.8.1997, there is no requirement for paying further duty in respect of inputs lying in stock on that date which have been subsequently cleared. 2. after hearing both sides, we find that the case of the respondent is squarely covered by the tribunal’s earlier decision in the case of kakda rolling mills vs. cce, bhopal - 2005 (179) elt 457 in their favour. as such we find no merit in the department’s appeal and reject the same. 3. cross-objection filed by the respondents also stands disposed of.

Full Judgment

Heard both sides. The respondents have received ingots and taken credit of duty paid thereon. The said ingots were meant for use in the manufacture of CTD bars and rounds. The respondents had credit of Rs.1,67,218/- as on 31.7.1997 which lapsed after the MODVAT Rules were amended on introduction of the compounded levy scheme. The scheme, however, was postponed and came into effect from 1.9.1997. The respondents have cleared the inputs namely steel ingots lying in stock mostly during August 1997 and partly during December 1997. The Department seeks to demand duty on the said ingots on the ground that the credit of duty paid on the ingots as inputs has been taken. It is the case of the respondents that since the credit lying unutilized has lapsed on 1.8.1997, there is no requirement for paying further duty in respect of inputs lying in stock on that date which have been subsequently cleared.

2. After hearing both sides, we find that the case of the respondent is squarely covered by the Tribunal’s earlier decision in the case of Kakda Rolling Mills Vs. CCE, Bhopal - 2005 (179) ELT 457 in their favour. As such we find no merit in the Department’s appeal and reject the same.

3. Cross-objection filed by the respondents also stands disposed of.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Chen... Same Parties Cce, Chennai vs M/S. Shree Ganesh Steel Rolling Mills Ltd. Same Subject Service Tax Same Judge The Honourable Ms. Jyoti Balasundaram, Vice President &Amp; t...