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CENVAT credit denied without considering ISD invoices: CESTAT directs re-adjudication

Case Law Details

TaxGuru Citation
2023 taxguru.in 7390
Case Name
Zcl Chemicals Limited Vs C.C.E-Bharuch (CESTAT Ahmedabad)
Date of Judgement/Order
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Zcl Chemicals Limited Vs C.C.E-Bharuch (CESTAT Ahmedabad)

Introduction: In a recent decision by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Ahmedabad, ZCL Chemicals Limited secured a favorable outcome in a dispute concerning the denial of CENVAT credit. The case, titled ZCL Chemicals Limited vs. C.C.E-Bharuch, revolved around two main contentions: the discrepancy in the address on input service invoices and the alleged lack of nexus between the input services and the manufacturing of the final product.

Background:

  • Address Discrepancy on Invoices: The appellant, ZCL Chemicals Limited, faced a challenge wherein the Mumbai address on the input service invoices differed from the factory address where the credit was claimed. The appellant argued that the credit was availed based on Input Service Distributor (ISD) invoices, and the discrepancy in the addresses was irrelevant.
  • Nexus Between Input Services and Manufacturing: The second contention involved the claim that there was no connection between the input services in question and the manufacturing process of the final product. ZCL Chemicals Limited countered this argument by presenting a compilation of judgments from various cases, asserting that the Tribunal had consistently recognized the nexus between the input services and the manufacturing of the final product.

Appellant’s Arguments:

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