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Duty / Tax wrongly paid at insistence of Department is eligible as CENVAT credit
Case Law Details
- Case Name
- Commissioner of Central Excise, Bangalore - III Vs Himalaya Drug Co. Ltd. (Karnataka High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Karnataka High Court
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HIGH COURT OF KARNATAKA
Commissioner of Central Excise, Bangalore – III
v/s.
Himalaya Drug Co. Ltd.
CEA NO. 57 OF 2009
APRIL 1, 2011
JUDGMENT
1. This appeal is by the revenue challenging the order passed by the Tribunal holding that the assessee could not be denied the cenvat credit, when admittedly he has paid the excise duty.
2. The assessee has a factory at New Delhi where they manufacture semi-finished ayurvedic medicines. His understanding was the said products are not excisable. Therefore, the assessee cleared those goods to their sister unit at Bangalore without p...
