9911796707
TMI Blog2012 (11) TMI 772X X X X Extracts X X X X X X X X Extracts X X X X ..... inputs as such and had reversed the CENVAT Credit taken on such inputs - no processing of whatsoever nature was done on such inputs - amount of Cenvat credit taken by the assessee, of the duty paid on the invoice value as shown in the invoice can be considered as correct assessable value and duty liability to be discharged – in favor of assessee. Decision in the case of Eicher Tractors v. C.C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... product. The appellant has cleared the inputs which was received as such, to his own units/sister concerns during the period in question in this appeal i.e. July 2000 to February 2003, by reversing the Cenvat credit availed by them of the Excise duty paid on such inputs. The Department was of the view that the appellant should have recalculated the assessable value in accordance with the provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tractors v. C.C.E., Jaipur - 2005 (189) E.L.T. 131 (Tri.-LB). He would take us through the provisions Rule 57AB and Rule 3 and also the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2002. 4. Ld. AR on behalf of the Department, on the other hand, would submit that the Board s instructions during the relevant period were very clear inasmuch the clearances made to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the CENVAT Credit taken on such inputs. It is also undisputed that no processing of whatsoever nature was done on such inputs. 8. We find that the issue involved in this case is now res integra inasmuch as the Larger Bench of the Tribunal in the case of Eicher Tractors (supra), (wherein I was also one of the member) has clearly reproduced C.B.E. C. Circular No. 6/39/2000-CX.1, dated 1-7-2002, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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