TMI Blog2008 (1) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... eared u/r 57-T challan if it was not returned back - However, there is no provision for adjustment of credit against the clearance of the damaged goods and the receipt of new capital goods. Therefore, denial of credit is set aside - E/5834/2004-SM - 636/2008-SM(BR)(PB), - Dated:- 23-1-2008 - Shri P.K. Das, Member (J) Shri Vikrant Kackria, Advocate, for the Appellant. Shri S. L. Meena, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... novocation, modernization or expansion on behalf of the manufacturer of the final product, subject to such procedure and conditions as specified are followed. The learned Counsel submits that the job worker or contractor endorsed invoices in their favour. Admittedly, the appellant had not followed the procedure under Rule 57-T(7). I find that Rule 57-T(7) provides a procedure to allow credit on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and therefore, they have rightly availed the credit. I find force in the submission of the learned Advocate and it is required to be examined by the Adjudicating Authority. (C) Credit of Rs. 1,57,846/- :- It has been alleged in the show cause notice that the appellants cleared the damaged capital goods to M/s. Triveni Engg Industries Ltd. without reversal of the credit under Rule 57-T(7) duri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e perused through the findings of the Commissioner (Appeals). It is seen from the Order that Commissioner (Appeals) held that the appellants received new capital goods under the cover of Central Excise invoice from the supplier. Therefore, there is no scope of availment of double credit on the same capital goods. The learned DR submitted that they were liable to reverse the credit at the time of c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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