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TMI Blog2018 (4) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... ovision of above Rule 16, the Cenvat credit is allowed even on the finished goods only on the condition that at the time of re-issue of such finished goods the assessee is required to pay appropriate excise duty. There is no dispute on payment of duty on the re-issue of the goods on which credit was taken, therefore in terms of Rule 16, respondent is entitle for the Credit - credit allowed - ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Accordingly, the adjudicating authority denied the Cenvat credit. Being aggrieved by the Order-in-Original the assessee filed appeal before the Commissioner(Appeals) who allowed the appeal by setting aside the Order-in-Original therefore Revenue is before me. 2. Shri. Ajay Kumar, Ld. Addl. Commissioner (A. R) appearing on behalf of the Revenue reiterates the grounds of appeal. He further submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of Rule 16 of Central Excise Rules, 2002 which reads as under: Rule 16 of Central Excise Rules 2002 (1) Where any goods on which duty had been paid at the time of removal thereof are brought to any factory for being re-made, refined, re-conditioned or for any other reason, the assessee shall state the particulars of such receipt in his records and shall be entitled to take CENVAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisions of sub-rule (1) and sub-rule (2), the assessee may receive the goods for being remade, 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. From the plain reading of the above Rule 16, it can be seen that though under Cenvat credit Rules, Cenvat credit is allowed only on input but un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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