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TMI Blog2003 (4) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... aranwal, SDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. These are six applications for stay of recovery of Central Excise duty and penalty as under: Name Duty Penalty Krishna Maruti Rs. 1,42,03,569 Rs. 36,00,000 Kalyani Brakes Ltd. Rs. 51,62,275 Rs. 13,00,000 Mark Auto Indus. Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts after receipt into their factory; that the imported components were thereafter sent to the various vendors who are applicants here for manufacture, assembly of further components; that at the time of sending these imported components Maruti reversed the entire CENVAT credit taken on the components at the rate of 40% and paid the duty accordingly; that based on these invoices the vendors took CE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Commissioner of Central Excise v. American Auto Service - 1996 (81) E.L.T. 71 has held that when the inputs are removed as such the credit originally taken on the inputs is required to be reversed in its entirety. He, further, mentioned that five Member Bench of the Appellate Tribunal in Commissioner of Central Excise v. Asia Brown Boveri [2000 (120) E.L.T. 228 = 2000 (39) RLT 575] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner of Central Excise, Chandigarh - 2003 (54) RLT 764. 3. Opposing the prayer Ms. Charul Baranwal, learned Senior Departmental Representative, reiterated the findings as contained in the impugned Order and emphasized that as per provisions of Rule 57AB(1)(b) of the Central Excise Rules, 1944 when inputs are removed from the factory the manufacture of the final products has to pay the appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decision of the Tribunal where it has been held that re-assessment of goods is not permissible while considering the admissibility of Modvat credit of duty by the person using it in the manufacture of final product. We are, therefore, of the view that in the terms of case law relied upon by the learned Advocate, a strong prima facie case has been made out for staying the recovery of the entire a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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