9911796707
TMI Blog2010 (10) TMI 993X X X X Extracts X X X X X X X X Extracts X X X X ..... also the cenvat credit is available to the assessee - the appellant has taken cenvat credit on the finished goods when they were brought top their factory but instead of any process they exported the same on payments of duty as such. From the clarification of the Board and as per Rule 16 of CER, 2002, the appellant is entitled to Cenvat credit on the same - appeal allowed - decided in favor of app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the appellant submits that as per Rule 16 of Central Excise Rules, 2002 the appellant has taken cenvat credit on the finished fabrics which they have exported on payment of duty. Hence, they are entitled for cenvat credit on finished goods. He has also relied upon the Circular No. 283/117/96-CX., dated 31-12-1996 issued by the CBEC wherein the Board has clarified that the modvat credit in RG-23 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of duty on goods brought to the factory. - (1) Where any goods on which duty had been paid at the time of removal thereof are brought to any factory for being re-made, refined, re-conditioned or for any other reason, the assessee shall state the particulars of such receipt in his records and shall be entitled to take CENVAT credit of the duty paid as if such goods are received as inputs under th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The interpretation that the goods are brought to the factory for any other reason can be treated as goods can be removed as such. 8. From above discussion, I find that the appellant has taken cenvat credit on the finished goods when they were brought top their factory but instead of any process they exported the same on payments of duty as such. From the clarification of the Board and as per ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
