M/S. GTS ALLOYS (P) LTD. Vs. THE COMMISSIONER OF CENTRAL EXCISE BANGALORE-I COMMISSIONERATE BANGALORE

JUDGEMENT

(1.) AFTER a perusal of the records and hearing both sides, I note that CENVAT credit of Rs. 4,37,463/ - (including duty and education cess) stands denied to the appellant on the ground that the credit was taken on the basis of invoices issued by the dealer (M/s. Indian Oil Corporation Ltd.) without the requisite registration with the department. There is no other reason for denial of this credit. As rightly submitted by the learned consultant, a similar issue was held in favour of the assessee by this Tribunal in the case of Commissioner vs. Raja Magnetics Ltd.:, 2009 (241) E.L.T. 79 (Tri. -Bang.) and the Tribunal's decision was upheld by the High Court in Commissioner Vs. Raja Magnetics Ltd.: : 2010 (250) E.L.T. 352 (Kar.). In the cited case also, the departmental authorities had denied CENVAT credit to the assessee in respect of furnace oil supplied by IOCL under the cover of invoices issued without dealer's registration. Their orders were set aside by this Tribunal and the latter's decision was upheld by the High Court. The Hon'ble High Court's decision is squarely applicable to the facts of the present case. The impugned order is set aside and this appeal is allowed.