2014 (10) TMI 896

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... used for manufacture. It is only when some parts were found to be defective during manufacture or testing of the transmission equipment that such parts were re-exported for compensation/replacement and therefore provisions of Rule 3(5) of the Cenvat Credit Rules cannot be invoked inasmuch as the same relates to clearance of the inputs as such. We find that the Tribunal in an inter parties Fina .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ; 51,31,085/- for the period November, 2011 to July, 2012 has been confirmed along with interest and penalty on the ground that the said amount of Cenvat credit was inadmissible. 2. The appellants, engaged in the manufacture of transmission equipment, imported various parts of the same from their parent company located in Sweden on payment of CVD and took Cenvat credit thereof. 3. During the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... It is only when some parts were found to be defective during manufacture or testing of the transmission equipment that such parts were re-exported for compensation/replacement and therefore provisions of Rule 3(5) of the Cenvat Credit Rules cannot be invoked inasmuch as the same relates to clearance of the inputs as such. 5. We find that the Tribunal in an inter parties Final Order No. A/53407 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X