9911796707
TMI Blog2019 (9) TMI 1492X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the provision discussed in the said judgment, hence, the ratio laid down thereunder is squarely applicable to the present case. Another argument advanced on behalf of the Revenue is that, in the present case, the goods cleared by the appellants to M/s. Maneesh Pharma Pvt. Ltd. were ultimately exported and therefore the principle of law settled in Sterlite Industries (I) Ltd. s case is not applicable. There are no merit in the said contention inasmuch as the ratio laid down by the Larger Bench of the Tribunal is applicable to the present case also even if the goods were ultimately exported, when one takes into consideration the provisions contained in Rule 6(6) of Cenvat Credit Rules, 2004. In the result, the appellants are eligible to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 13-4-2007 which they had reversed earlier on 31-3-2007, subject matter of dispute in Appeal No. E/1434/2011. Consequently, Show Cause Notice was issued to them for recovery of suo motu credit along with interest and penalty which, on adjudication, was confirmed with interest and penalty. Hence, these appeals. 3. At the outset, Learned Advocate Shri Prasad Paranjape for the appellant has submitted that during the relevant period, the appellant had carried out manufacture of goods on job work basis for Maneesh Exports, an 100% EOU. Inputs were received by the appellants under Rule 4(5)(a) of [Cenvat Credit Rules], 2004, against Annexure-II. The job worked goods were later exported by Maneesh Exports. Pursuant to the visit of the Prev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for consideration is whether the appellants are entitled to credit of duty paid on inputs received under Rule 4(5)(a) of Cenvat Credit Rules, 2004. We find that the issue has been considered at length by the Larger Bench of this Tribunal in Sterlite Industries case (supra) in the context of old provisions which was later upheld by the Hon'ble Bombay High Court. No contrary decision has been placed by the Revenue. The proviso to Rule 4(5)(a) is in pari materia with the provision discussed in the said judgment, hence, the ratio laid down thereunder is squarely applicable to the present case. Another argument advanced on behalf of the Revenue is that, in the present case, the goods cleared by the appellants to M/s. Maneesh Pharma Pvt. Ltd. we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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