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2015 (1) TMI 336 - HC - Central ExciseReversal of CENVAT Credit - Whether a manufacturer is required to reverse/pay the amount equivalent to the Cenvat credit taken by him in respect of inputs and capital goods which are proved to have been used in the manufacture of goods which are exempted from excise duty in view of the provisions of Rule 6(1) of Cenvat Credit Rules, 2004 which provide that no credit can be taken in respect of inputs which are used in the manufacture of exempted goods - Held that:- Since the language of Rule 9(2) of the Cenvat Rules is identical to that of Rule 57H( 5) of the Excise Rules, we feel that the interpretation given by the Apex Court[1999 (8) TMI 920 - SUPREME COURT OF INDIA] has to apply in the present case also and, therefore, even though the final product may be exempt from payment of excise, the assessee cannot be asked to reverse the Modvat credit already taken by it. - authority below, has upheld the order passed by the Commissioner (Appeals) holding that no reverse of Cenvat Credit is required to be given by the assessee. In view of law laid down by this Court, we see no reason to interfere with the impugned order. Substantial questions of law is answered accordingly - Decided against Revenue.
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