9911796707
TMI Blog2017 (3) TMI 769X X X X Extracts X X X X X X X X Extracts X X X X ..... onditioned or for any other reason, the assessee shall be eligible to take credit as if the such goods are received as input under CENVAT Credit Rules 2004 - a fiction has been created to consider the finished goods cleared initially, when returned to the factory for being remade, refined and reconditioned etc or for any other reason as an input - In the present case, the situation is covered under the expression or for any other reason , hence, the Appellants are definitely eligible to the credit of the CVD paid on said goods on its re-importation - credit allowed - appeal allowed - decided in favor of appellant. - E/11297/2013-SM - A/10586/2017 - Dated:- 8-3-2017 - Dr. D.M. Misra, Member (Judicial) For Appellant : Shri Shailesh Vy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er making some value addition, they cleared the goods on payment of appropriate duty which is more than the credit availed. It is his contention that the CENVAT Credit on receipt of the goods is admissible to them under Rule 16 of Central Excise Rules 2002 and in support, he referred to the judgment of the Tribunal in the case of Liugong India Pvt. Ltd Vs CCE Bhopal 2016 (342) ELT 412 (Tri-Del). 4. The learned Authorized Representative for the Revenue reiterates the findings of the learned Commissioner (Appeals). 5. I find that the short issue involved in the present case for determination is whether the Appellants are eligible for CENVAT Credit of CVD paid on the manufactured goods cleared initially without payment of duty under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fined, re-conditioned or for any other reason and may remove the goods subsequently subject to such conditions as may be specified by the Commissioner. 6. On a plain reading of the said Rule, I find that the goods which were cleared and brought back to the factory for being re-made, refined, re-conditioned or for any other reason , the assessee shall be eligible to take credit as if the such goods are received as 'input' under CENVAT Credit Rules 2004. The Show Cause Notice proposed to deny the credit on the ground that it is their finished goods and CENVAT Credit Rules 2004 does not permit credit on the finished goods. I do not find any substance in the said allegation and confirmation by the authorities below inasmuch as in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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