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TMI Blog2020 (3) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... able for Central Excise duty under the Central Excise Act, 1944 no rebate claim can be filed in respect of such goods which are not excisable under Central Excise Act, 1944. In the present case the applicant could have availed duty drawback under Section 74 of the Customs Act, 1962 read with Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995. Section 74 states that any goods which were earlier imported and then re-exported (whether used or unused), the importer can claim the duty paid at the time of import as Drawback on the fulfilment of certain condition as specified under Section 74 of Customs Act 1962. Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995 have been formulated in exercise of the powers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingh appeared on behalf of the applicant. He relied upon Para 3.4 of Chapter V of Cenvat Credit Rules, 2002 (2001) wherein the export under bond for inputs and capital goods has been permitted. He relied upon the case law of Union of India v. Sterlite Industries (I) Ltd. [2017 (354) E.L.T. 87 (Bom.)] and Order-in-Appeal No. CHD-EXCUS-001-APP-117-17-18, dated 21-12-2017 passed by the Commissioner of Customs Central Excise (Appeals), Chandigarh allowing them rebate under Rule 18 of Central Excise Rules, 2002. Ms. Chandandeep Kaur Garewal, Assistant Commissioner, Office of the Principal Commissioner, Central Tax GST Commissionerate, Chandigarh-I appeared on behalf of the respondents. She contended that Rule 18 of Central Excise Rules, 2002 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CVD paid on these capital goods was taken by the assessee. These capital goods were subsequently exported on payment of duty by debiting the credit of input duty and the assessee filed rebate claim. No depreciation was claimed by the assessee under Section 32 of the Income-tax Act, 1961 (43 of 1961). In the present case it appears that the applicant has claimed depreciation under Section 32 of the Income-tax Act, 1961 (43 of 1961). Therefore he has reversed proportionate Cenvat credit as provided under Rule 4(4) of Cenvat Credit Rules, 2004. The reversal of Cenvat credit by the applicant is not on account of payment of Central Excise duty, which was not payable in the present case. Rule 18 of the Central Excise Rules, 2002 read with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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