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2014 (9) TMI 864 - AT - Central ExciseAvailment of CENVAT Credit - Import of machine - Subsequently, the appellant exported this machine under bond without reversal of Cenvat credit taken - Revenue was of the view that the appellant had not put the machinery to use and, therefore, they were not eligible to take the credit - Held that:- Capital goods imported by the appellant have been exported. On export of capital goods, the appellant is eligible for rebate of the duty paid thereon under Rule 18 of the Central Excise Rules or the appellant can export the goods without payment of duty under bond under Rule 19 of the said Rules. In respect of the goods on which credit has been taken, Circular issued by Board in 1996 as well as in 2000, clearly says that the manufacturer assessee is entitled to clear the inputs or capital goods for export (on which credit has been taken) under bond without payment of duty. - appellant is not required to reverse Cenvat credit taken on the capital goods, which was procured and subsequently re-exported - Decided in favour of assessee.
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