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TMI Blog2016 (3) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... ion are in possession of the appellant and that the said moulds are running in good working condition. The said certificate proves beyond any shadow of doubt that the moulds on which cenvat credit taken by the appellant had been installed in the factory for use, in or in relation to manufacture of the final product. In view of the fact that the said moulds have not been removed from the factory, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... requirement of the Cenvat statute has been duly complied with by the appellant, denial of Cenvat credit on moulds is not proper and justified. - Decided in favour of assessee - Excise Appeal No. E/51479/2014 EX. [SM] - Final Order No. 53292/2015 - Dated:- 18-6-2015 - MR. S.K. MOHANTY, MEMBER (JUDICIAL) For the Petitioner :Shri Rahul Tangri, CA For the Respondent: Shri M.S. Negi, DR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anufacture of the automobile parts. According to the appellant, since the moulds have not been removed from the factory, the rigor of Rule 3 (5) of the rules will have no application for reversal of the cenvat credit. The appellant further submits that the confusion had arisen because of issuance of invoice on the customers for recovery of the cost of moulds. The ld. Consultant, Shri Rahul Tangri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the moulds in question are in possession of the appellant and that the said moulds are running in good working condition. The said certificate proves beyond any shadow of doubt that the moulds on which cenvat credit taken by the appellant had been installed in the factory for use, in or in relation to manufacture of the final product. In view of the fact that the said moulds have not been remov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esent case, since the requirement of the Cenvat statute has been duly complied with by the appellant, denial of Cenvat credit on moulds is not proper and justified. 6. Therefore, the impugned order confirming the Cenvat demand under Rule 3(5) of the Cenvat Credit Rules, 2004 is set aside and the appeal is allowed in favour of the appellant. (Dictated and pronounced in the open Court) - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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