9911796707
TMI Blog2017 (6) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... issions 3. On going through the records, I find that in this case in respondent's own case reported in 2016 (344) ELT 469 (Tri. Chan.), this Tribunal has examined the issue and observed as under: 5. After hearing the parties I find that following issues have been raised by the ld. Counsel for the appellant which are incorporated herein below : (i) Whether as per Rule 3(5B) of the Cenvat Credit Rules, 2004 the appellant is required to reverse Cenvat credit on finished goods which have been written-off or not (ii) Whether the appellant is required to reverse the Cenvat credit on the traded goods on which no credit has been taken or not (iii) Whether the appellant is required to reverse Cenvat credit on inputs/components for whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s/components which have been used in the manufacture of final product. In fact, as per Section 3 of the Central Excise Act, 1944, the goods manufactured by an assessee are to be cleared on payment of duty, therefore, reversal of Cenvat credit on finished goods does not arise; at the most, duty can be demanded. In that circumstances, I hold that the appellant are not required to reverse the Cenvat credit on inputs/components which have been used in the manufacture of finished goods which ultimately written-off by the appellant. Therefore, Issue No. (i) is answered in favour of the appellant. Issue No. (ii) Whether the appellant is required to reverse the Cenvat credit on the traded goods on which no credit has been taken or not As no Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he eyes of law. Accordingly, the impugned proceedings are set aside as time-barred. This issue is also answered in favour of the appellant. Issue No. (v) Whether in the facts and circumstances of the case provision of Rule 14 of Cenvat Credit Rules, 2004 are applicable or not I find that the appellant had taken Cenvat credit correctly on inputs/components at the time of procurement thereof and there is no allegation in the show cause notice that appellant has wrongly taken Cenvat credit. Therefore, I hold that provision of Rule 14 of Cenvat Credit Rules, 2004 are not applicable to the facts of the case therefore answered in favour of the appellant. And the same has been followed by the Ld. Commissioner (A) in the impugned order. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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