2017 (1) TMI 297

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... as shown, but it is not the case where the value of the input was written off. Therefore in my view Rule 3(5B) has no application - So long the input is lying in the factory credit cannot be asked to be reversed. Needless to say that as and when the input is cleared from the factory it will be liable for duty in terms of Rule 3(5B) of Cenvat Credit Rules, 2004. Reversal of credit not justified .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 4 if the assessee written off the value of the input or made a provision for writing off then the Cenvat Credit on such input is required to be reversed. In support of his argument he placed reliance on the following judgments: (i) Krishna Barrels P. Ltd. Vs. C.C.E., Cus. (Adjudication), Vadodara-II 2015 (40) STR 797 (Tri.-Ahmd.) (ii) Hindustan Zinc Ltd. Vs. Commr. of C. Ex. Visakhapat .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... therefore the ratio of the decision cannot be made applicable in the present case. Now coming to the decision of Hindustan Zinc Ltd. (supra) this Tribunal has categorically held that the credit can be denied only in three cases (i) if the inputs as removed as such outside the factory, (ii) if the credit is wrongly availed in terms of Rule 14 of the Cenvat Credit Rules, (iii) if the value of th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X