2004 (1) TMI 511

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..... for the Respondent. [Order]. Capital goods machinery was imported and CVD paid was eligible as credit to the appellants on receipt of the goods in the factory. 50% of the amount shown was taken as credit on 14-10-2001 on BE No. 143573, dt. 25-9-2000. The goods on examination were found to need some rectification, before they could be used. For that purpose they were removed and sent to t .....

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..... l manufacturer for repairs. The appellant have stated that they have cleared the goods under Rule 57AC(5)(a) which does not place any restrictions for exporting the goods to the manufacturer for repairs and return. However, I find that adjudicating authority was correct in his observation that as per Rule 57AC(5)(a), the appellant was under statutory obligation to pay Central Excise duty at the .....

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..... bove. 3. After hearing both sides and considering the material, it is found - (a) The appellants plea of the goods being returned after rectification, repairs, etc., by the foreign supplier and re-import on BE No. 1746, dt. 9-1-2001 and CVD prices is an accepted fact along with that the claim is for capital goods. (b) Capital goods vide Rules 57S(7) and 57AC(5)(a) could be rem .....

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