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TMI Blog2011 (5) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... cases also where some Cenveted capital goods are cleared for export under bond without payment of duty - And such cases, the Cenvet Credit would not require to be reversed - In terms of Board 's Circular dated 29.08.2000 in such a situation, Cenvat Credit was not required to be reversed - Decided in favour of assessee. - 2972 of 2009 (SM) - - - Dated:- 4-5-2011 - Shri Rakesh Kumar, J. Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide Order-In-Original dated 29.12.08 confirmed the Cenvat Credit demand of Rs.2,03,495/- along with interest and imposed penalty of equal amount. On appeal to Commissioner(Appeals), this order of the Assistant Commissioner was upheld. Against this order, the present appeal has been filed. 2. Heard both the sides. 3. Shri Saurabh Yadav, Ld. Advocate for appellant pleaded that the capital ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons dated 29.08.2000 were in respect of Rule 1 of the then Rule 57AB of Central Excise Rule, 1944 and the same is not applicable to the present provisions regarding Cenvat Credit. He also emphasized that the provisions Rule 6(6) of Cenvat Credit Rules regarding non-reversal of Cenvat Credit in respect of goods exported under bond are applicable in respect of the goods manufactured by assessee whil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 6(6) of Cenvat Credit Rules would be applicable in such cases also where some Cenveted capital goods are cleared for export under bond without payment of duty. And such cases, the Cenvet Credit would not require to be reversed. In terms of Board s Circular dated 29.08.2000 in such a situation, Cenvat Credit was not required to be reversed. Moreover, I also find that as observed in the Stay Orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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