9911796707
TMI Blog2015 (10) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... to 28.2.2001 or not - Held that:- As the Larger Bench of this Tribunal [2005 (9) TMI 340 - CESTAT, NEW DELHI] has held that reversal of Cenvat Credit availed on inputs is sufficient if the goods have been cleared as such, therefore, we hold that appellant are not required to pay duty on 115% of the value of inputs cleared to their sister concern. Consequently, the demands are not sustainable. - I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as per Rule 57 AB (b) read with Notification No. 27/2000 CE(NT) dated 31.3.2000, if the inputs are cleared as such, same will be treated as inputs were manufactured by the appellant and they are required to pay duty on 115% of the value of cost of inputs.In these set of facts, proceedings were initiated against the appellant which resulted in demand of differential duty along with interest and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ircular, when the Board has stated that the provisions of the Rule 3(5) of the Cenvat Credit Rules, 2004 would apply in respect of the capital goods and inputs on which credit has been availed are removed as such. We may reproduce the said Rule 3(5) of the Cenvat Credit Rules, 2004 which reads as under : 3(5) When inputs or capital goods, on which Cenvat credit has been taken, are removed as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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