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TMI Blog2007 (2) TMI 413X X X X Extracts X X X X X X X X Extracts X X X X ..... , for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. The above appeal arises out of the order of the Commissioner of Central Excise, Raigad who has ordered that the assessee should pay back excess Cenvat credit of Rs. 7,69,41,291/- (Rs. 4,98,22,174/- covered by show cause notice dated 7-4-2004 + Rs. 2,71,19,117/- covered by show cause notice dated 9-11-2004) together w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal duty of customs leviable on the inputs or the capital goods respectively and X denoted the assessable value, in the case of inputs produced or manufactured by a 100% EOU. 2. We have heard both sides. There is no dispute that IIL paid an amount of Rs. 7,69,41,291/- when they cleared inputs to the appellants. Rule 3(4) of Cenvat Credit Rules 2002 provides that when inputs on which Cenvat cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of clearance of inputs as such, and this sub-rule does not prescribe any formula or restrict the extent of the credit which an assessee can avail, the entire credit, availed is admissible. Rule 3(6) only restricts the eligibility to credit of the duties specified in Rule 3(1) and does not bar entitlement to credit of the entire amount paid in terms of Rule 3(4) at the time of clearance of input ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ituation, the law laid down by the Tribunal in Kerala Electronic Corpn. v. CCE - 1996 (84) E.L.T. 44 and Owenbilt v. CCE - 1998 (101) E.L.T. 642 holding that re-assessment cannot be ordered at the input receiver s end (In this case the department is really seeking to re-assess input cleared as such by M/s. IIL) is squarely applicable and following the ratio thereof, we hold that the credit of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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