9911796707
TMI Blog2017 (4) TMI 20X 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, the assessee shall be eligible to take credit as if the such goods are received as input under CENVAT Credit Rules 2004 - The SCN proposed to deny the credit on the ground that it is their finished goods and CCR 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 the Rule itself it is made clear that the goods which were initially cleared on payment of duty on its receipt be considered as ‘input’ and accordingly the CENVAT Credit would be admissible as it is an ‘input’ under CCR, 2004 - Appellants are definitely eligible to the credit of the CVD paid on said goods on its re-importation - a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the foreign buyer, the CVD was paid at the time of re-importation and accordingly the CENVAT Credit on the CVD amount was availed in accordance with the Rule 16 of Central Excise Rules 2002. He submits that after 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 has 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as CENVAT Credit as if it was a duty paid by the manufacturer who removes the goods.] (3) If there is any difficulty in following the provisions of sub-rule (1) and sub-rule (2), the assessee may receive the goods for being re-made, refined, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
