9911796707
TMI Blog2012 (4) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... the credit availed tantamounts to reversal of credit and there is no need to once again reverse the Cenvat credit taken. In a similar situation, the Hon’ble Apex Court in the case of CCE, Vadodara v. Narmada Chemattur Pharmaceuticals Ltd. [2004 (12) TMI 93 - SUPREME COURT OF INDIA] held that when Cenvat credit wrongly availed is exactly equivalent to the amount of duty paid, the consequence is rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a manufacturer of card clothing machine falling under Chapter 84 of the First Schedule to the Central Excise Tariff Act, 1985. The appellant imported 13 second hand setting machines from their principals in U.K. and availed Cenvat credit amounting to Rs. 7,15,755/- in November, 2006 and April, 2007. Of these 8 machines were installed in their factory for use and the balance 5 machines were expor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest and an equivalent penalty was imposed on the appellant. The appellant preferred an appeal against the said order and the lower appellate authority rejected their appeal. Hence the appellant is before me. 3. The ld. Advocate for the appellant makes the following submissions. The machines were exported on payment of appropriate duty treating the process undertaken by the appellant as manu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red the re-conditioned machines on payment of duty and their rebate claim was also rejected. Such payment of duty in excess of the credit availed tantamounts to reversal of credit and there is no need to once again reverse the Cenvat credit taken. In a similar situation, the Hon ble Apex Court in the case of CCE, Vadodara v. Narmada Chemattur Pharmaceuticals Ltd. [2005 (179) E.L.T. 276 (S.C.)] hel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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