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TMI Blog2016 (11) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... ore fines on receipt of iron ore pellets. Revenue has not contested those submissions made by appellant before them. Once it is established that iron ore pellets are received back from the jobworker, nothing survives in these appeals and the recredit availed by the appellant is correct - the appellant having reversed the CENVAT credit and then subsequently taken recredit on receipt of iron ore pel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fines. They dispatched these iron ore fines under the provisions of Rule 57F(4) for conversion into iron ore pellets by debiting an amount of 10% of the modvat credit availed on iron ore fines. The said debits were credited under the provisions of Rule 57F(4) of Central Excise Rules, 1944. The jobworker to whom iron ore fines were dispatched converted the same into iron ore pellets and paid duty o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AT credit of duty paid on the iron ore pellets by the jobworker. Appellant has simply recredited the amount of CENVAT credit reversed by them when they dispatched the iron ore fines to the jobworker for conversion. In our considered view, the impugned order is unsustainable for the reason that there is no dispute as to the fact that the iron ore fines (inputs) dispatched by appellant were received ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment of duty, as the said iron ore pellets is nothing but an input to the appellant. In our considered view, the appellant having reversed the CENVAT credit and then subsequently taken recredit on receipt of iron ore pellets is within the provisions of Rule 57F(4) of the Central Excise Rules, 1944. 5. In view of the foregoing, in the facts and circumstances of this case, we set aside the impu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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