Global Ceramics PVT. LTD. vs. The Principal Commissioner Of Central Excise, Delhi -1
Held
The Court held that the amendment to Rule 4(1) of the Cenvat Credit Rules, prescribing a time limit for claiming credit, would not apply retrospectively to consignments imported and deemed manufactured prior to the amendment. It also found an order passed by only two members of a three-member bench unsustainable.
Facts
Global Ceramics Pvt. Ltd. (GCPL) sought adjustment of duty paid and Cenvat Credit for imported ceramic tiles. The Customs and Central Excise Settlement Commission (CCESC) declined this, remanding the issue to the jurisdictional Commissioner. The Department challenged the CCESC's decision in B.R. Ceramics (P) Ltd. (BRCPL) case, arguing Cenvat Credit was impermissible.
Key Issues
Whether Cenvat Credit for CVD paid on imported goods could be adjusted against duty liability when the relevant rules were amended subsequently. Whether an order passed by a bench of fewer members than constituted is valid.
Sections Cited
Section 2 (f) (iii), Section 4-A, Rule 4 (1), Rule 9 (1), Section 140-A (3) (iv)
AI-generated summary — verify with the full judgment below
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
W.P. (C) Nos. 6706/2016 & 9152/2016 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 10th May, 2019 Decided on: 24th May, 2019 +
W.P. (C) 6706/2016
GLOBAL CERAMICS PVT. LTD.
..... Appellant
Through: Mr. Krishan Kant, Advocate.
Versus
THE PRINCIPAL COMMISSIONER OF CENTRAL EXCISE, DELHI-1
..... Respondent Through: Mr. Harpreet Singh, Senior Standing Counsel with Ms Subani Mathur, Advocates for Revenue.
AND +
W.P. (C) 9152/2016
THE PRINCIPAL COMMISSIONER OF CENTRAL EXCISE.... Appellant Through: Mr. Harpreet Singh, Senior Standing Counsel with Ms Subani Mathur, Advocates for Revenue.
versus
M/S B.R. CERAMICS (P) LTD.
..... Respondent Through: Dr. Seema Jain, Mr Ajay K. Jain, Mr Dushyant K. Mahant and Ms Shova Choudhary, Advocates. CORAM: JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA
W.P. (C) Nos. 6706/2016 & 9152/2016
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