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2015 (3) TMI 1098 - AT - Central ExciseDemand of reversal of Cenvat Credit - Credit on the used capital goods cleared without payment of duty - SEZ Unit - Held that:- period involved in this case is October, 2005. The appellants cleared inputs and capital goods etc. by following the procedure laid down under Notification 58/2003. On identical issue the Tribunal in the case of M/s. Wabco TVS (India) Ltd. (2013 (2) TMI 165 - CESTAT CHENNAI) rejected the Revenue appeal and held that the clearance of goods to their own unit at SEZ in not required reversing the cenvat credit. Therefore, Tribunal's decision applies to the facts of the present case. Further, I find that as rightly contended by the appellant there is no specific recovery mechanism of credit on the inputs and capital goods cleared during the relevant period. The specific provision was introduced only w. e. f. 01. 02. 2013. This issue was specifically dealt by the Tribunal at Mumbai in the case of IspatMetallics Industries Ltd. (2005 (10) TMI 129 - CESTAT, MUMBAI). By following these Tribunal's decisions, I hold that the appellants are not liable to reverse Cenvat credit availed on the capital goods cleared to their own unit at SEZ. - Decided against assessee.
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