9911796707
TMI Blog2018 (7) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... he Respondent Per Bench Brief facts are that the appellants are manufacturers of manual typewriters and vacuum cleaners. They procured raw materials like plastic, paper, fabric etc. and availed CENVAT credit on the same. They cleared the above items to the job worker under Rule 4(5)(a) of CENVAT Credit Rules, 2004 for the manufacture of VCS components like front wheel body, inner and outer pan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his appeal. 2. On behalf of the appellant, ld. consultant Shri P.C. Anand submitted that even if the appellant had paid duty including 10% of the cost of production, the same would be eligible as credit to their sister unit at Bhimtal since the components were stock transferred to their sister unit only. The whole exercise being revenue neutral, there can be no intention on the part of the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... point of revenue neutrality. Admittedly, the duty paid by the appellant was being availed as Modvat credit, which the other unit was in a position to utilize. The Tribunal in the case of PTC Industries Ltd. v. C.C.E., Jaipur-I - 2003 (159) E.L.T. 1046 (Tri-Del.) has held that whatever duty is paid by one unit on sale of goods to the assessee's another unit is being available as credit to the othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uation, neither the assessee stands to lose anything by paying higher duty nor the Revenue stand to gain anything by appellant's adoption of lower assessable value, we are of the considered opinion that the demand is unwarranted and is unsustainable. The impugned order is set aside and the appeal is allowed with consequential relief, if any. (Operative portion of the order was pronounced in open ..... X X X X Extracts X X X X X X X X Extracts X X X X
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