Excise

Cenvat credit on inputs lost during storage upheld by High Court

Cenvat credit on inputs lost during storage upheld by High Court as the Revenue in a similar case was not successful before the Supreme Court  

ABCAUS Case Law Citation:
ABCAUS 2239 (2018) (03) HC

The Excise Department had preferred the instant appeal before the High Court under Section 35-G of the Central Excise Act, 1944 (‘Act’) against the order passed by the CESTAT.

The questions of law sought to be answered were as under: 

(1) Whether Cenvat credit on inputs lost during storage can be allowed? 
(2) Whether Cenvat credit on inputs which have not been used in or in relation to manufacture of excisable goods can be allowed, on the grounds that they were lost during storage, due to natural causes?

The Tribunal had relied on its earlier decision in a case relating to the assessee itself wherein it took a view that losses had occurred in storage of molasses due to natural phenomena which was within the prescribed limit of 2 per cent as laid down by the Board Circular.

In the said case the Tribunal had observed that the Revenue was not successful in appeal against the decision of the Tribunal before the Supreme Court and there was no reason to take a different view for the purpose of Cenvat credit,  where the input is molasses and the quantity is reduced due to storage.

The Hon’ble High Court observed that in the instant case, following the decision given in the case of assessee itself, the Tribunal allowed Cenvat credit in respect of molasses lost during storage when admittedly the duty stands paid by the manufacturer on the full quantum of the molasses.

In view of above, the Hon’ble High Court answered the questions of law in favour of the assessee and against the department.

Share

Recent Posts

  • Income Tax

Form 26 to replace Form 3CD of tax audit report by a CA from Tax Year 2026-27

Form 26 to replace Form 3CD of tax audit report from Tax Year 2026-27 Draft Form 26 has been issued…

5 hours ago
  • Income Tax

When no addition is made on the basis of reasons recorded, reopening is bad in law

When AO do not make any addition on the basis of the reasons on which the reopening was done, the…

7 hours ago
  • Insurance

No separate compensation for loss of love and affection under MV Act – SC

Under MV Act separate compensation can not be granted under the head “loss of love and affection” – Supreme Court…

1 day ago
  • Income Tax

Trust accredited by National Open School eligible for registration u/s 12AB & u/s 80G

Trust accredited by National Institute of Open Schooling eligible for registration u/s.12AB and u/s 80G of the Act. In a…

1 day ago
  • Income Tax

Delay in furnishing Form 10B – Covid Period to be excluded as per decision of Supreme Court

Delay in furnishing Form 10B – Period between 15.03.2020 till 20.08.2022 to be excluded as per decision of Hon'ble Supreme…

3 days ago
  • Income Tax

Section 271AAB does not grant any immunity from penalty in terms of section 273B

Section 271AAB does not grant any immunity from penalty even if the assessee was able to show some reasonable cause…

3 days ago