9911796707
TMI Blog2015 (6) TMI 1139X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case are that the appellant is engaged in the manufacturer of steel forgings and steel scrap, falling under Chapter 73 and 72 respectively of the First Schedule to the Central Excise Tariff Act, 1985. The appellant avails cenvat credit of central excise duty paid on the inputs and capital goods and utilized the same towards payment of Central Excise duty on clearance of the final products ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cenvat Credit Rules, 2004. The Show Cause Proceedings initiated in this regard, culminated in the adjudication order dated 30.11.2012, wherein cenvat credit of Rs. 6,27,324/- was disallowed along with interest and also penalty of Rs. 25,000/- was imposed on the appellant. In appeal, the Ld. Commissioner (Appeals) vide the impugned order dated 27.12.2013 has set aside the penalty imposed on the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since the excisable goods manufactured out of job worked goods have suffered Central Excise duty at the manufacturer's end, the embargo created in Rule 6 will have no application for availing the re-credit of duty paid inputs. 3. On the other hand, Sh. M. S. Negi, the Ld. DR appearing for the Respondent reiterated the findings recorded in the impugned order and relied on the decision of Larger B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strated with the help of documentary evidence that the amount actually reversed was taken as re-credit. In this case, the embargo created in Rule 6 ibid will not have any application inasmuch as the job worked goods removed from the factory of the appellant were used by the principal manufacturer for manufacture of excisable goods, on which appropriate central excise duty liability has been discha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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