TMI Blog2014 (8) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of the appellant to maintain proper accounts of the inputs in this case also. Since it is the claim of the appellant that these returned goods were reprocessed and cleared, the assumption that in the absence of a proper accountal of returned goods, the claim of reprocessing cannot be accepted prima facie cannot be faulted with. Therefore we consider that appellant has not made out a prima facie at all - stay granted partly. - E/2975/2012-DB - Final Order No. 20483/2014 - Dated:- 27-3-2014 - SHRI B.S.V. MURTHY AND SHRI S.K. MOHANTY, JJ. For the Appellant : Mr. Sudarshan Wellington For the Respondent : Mr. S. Teli, AR JUDGEMENT Per: B.S.V. MURTHY; The records of the assessees were verified by the officers, durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and also there was no account of any retuned goods as well as the process undertaken on such returned goods for re-making or re-conditioning. Also, there was no documentary evidence of having issued an invoice and for discharge of duty liability as per Rule 16 of Central Excise Rules, 2002 for clearing the goods after re-conditioning. 2. Proceedings were initiated for recovery of duty on the goods which were claimed as returned and sent back after processing on the ground that the appellants had in fact cleared their own manufactured goods without payment of duty in the guise of reconditioning/reprocessed goods. As a result of the proceedings demand for ₹ 18,71,909/- has been confirmed with interest and penalties have been impose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-rule (1) at the rate applicable on the date of removal and on the value determined under sub-section (2) of Section 3 or Section 4 or Section 4A of the Act, as the case may be. [Explanation. - The amount paid under this sub-rule shall be allowed as CENVAT credit as if it was a duty paid by the manufacturer who removes the goods.] (3) If there is any difficulty in following the provisions of sub-rule (1) and sub-rule (2), the assessee may receive the goods for being re-made, 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. It can be seen that Rule 16 provides for availment of CENVAT credit in respect of goods rece ..... X X X X Extracts X X X X X X X X Extracts X X X X
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