Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (6) TMI 1139 - AT - Central ExciseRe-credit of CENVAT credit reversed erroneously - principles of unjust enrichment - job-work - Held that: - Reversal of cenvat credit and taking of such re-credit is only book entries and the appellant demonstrated with the help of documentary evidence that the amount actually reversed was taken as re-credit. In this case, the embargo created in Rule 6 ibid will not have any application inasmuch as the job worked goods removed from the factory of the appellant were used by the principal manufacturer for manufacture of excisable goods, on which appropriate central excise duty liability has been discharged - The larger benches of this Tribunal in the case of Sterlite Industries (I) Ltd. [2004 (12) TMI 108 - CESTAT, MUMBAI] has held that the provisions of Rule 57 C of erstwhile Central Excise Rules, 1994 (Parimateria to Rule 6 ibid) will not apply to the job worked goods, for further utilization in the manufacture of final product, which are cleared on payment of duty by the principal manufacture - appeal allowed - decided in favor of appellant.
|