Availability of cenvat credit on returned goods, Central Excise

[R.K.SHUKLA]

how does Rule 16 of Central Excise Rule permit cenvat credit on returned goods when it has not been issued under cenvat credit rules.moreover cenvat rules do not have any corrosponding reference of Rule 16.

Posts / Replies

[PRABHAKAR V]

Rule 16 of CCR permits return of duty paid goods for repairs etc., as per the provisions. Then availment of cenvat credit is separate rule which are covered Cenvat Credit rules. The eligibility of cenvat credit on duty paid goods is to be ascertained on case to case to basis. There is specific requiremnt that there shoube reference of each rule. Both are independent and applicability is to be decided on case to case keeping the provisions of the rules and the act in view.

[Rama Krishana]

Rule 16 allows credit on return of goods any factory for being re-made, refined, re-conditioned or for any other reason. The provisions of this rule is just enabling provisions. Other conditions of cenvat credit rules must be complied with otherwise. Rule 16 permits the credit on goods which do not qualify the test of input as per the provisions of rule 2(k) of the cenvat credit rules, 2004.

[R.K.Shukla]

My question still remains unanswered.How can rule16 permit the credit when it not part of cenvat credit rule?wherefrom the rule16 derive its power to permit cenvat credit?