9911796707
TMI Blog2012 (9) TMI 639X X X X Extracts X X X X X X X X Extracts X X X X ..... .08 they withdrew the rebate claim filed by them for the entire amount of duty. Nevertheless the rebate claim was rejected by an order dated 16.07.08 on the ground that the same was submitted beyond the period of one year. 2. After receipt of the goods for reprocessing, the respondent took proportionate credit of duty paid by them at the time of clearance of goods for export. The proceedings were initiated for denying the cenvat credit which culminated in confirmation of demand with interest and imposition of penalty. On an appeal filed by the respondent, Commissioner (Appeals) held that the credit had been taken correctly and therefore set aside the order. 3. The ld. A.R. on behalf of Revenue submitted that credit cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e subjected to reprocessed were cleared on payment of duty. The Rule 16 (1) of Central Excise Rules, 2002, laid down that, where any final product cleared by a manufacturer on payment of duty was returned by the buyer for being remade, refine, reconditioned etc., the manufacturer would be entitled to take Cenvat Credit of such duty as if such goods were received as 'inputs' under the Cenvat Credit Rules, 2004. 7. The Adjudicating Authority in the impugned order has also taken one ground that re-import of exported goods was not accordance with provisions of Section 20 of Customs Act, 1962. In this connection it is observed from the copy of the Bill of Entry B.E. No.640156 dated 23.5.07 their the goods were re-imported for reprocessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on explains that the invoice of the returned goods, would be a valid document for availing credit and duty is deemed to have been discharged. Regarding availing credit on its own invoice, Rule 16(1) of the Central Excise Rules, 2002, allows the assessee to do so. In any case, the whole procedure is revenue neutral, in the sense as the duty has to be discharged by the 5th of next month. 3. In view of above, it is clarified that credit on rejected/returned goods, received in the factory before prescribed date for duty payment, can be allowed to be taken under Rule 16(1) of the Central Excise Rules, 2002. 7. From the above it is quite clear that it is not necessary that in all cases an invoice is required to be issued in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
