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2019 (9) TMI 1492 - AT - Central ExciseCENVAT Credit - inputs received for job work - Rule 4(5)(a) of Cenvat Credit Rules, 2004 - HELD THAT:- The issue has been considered at length by the Larger Bench of this Tribunal in Sterlite Industries case [2004 (12) TMI 108 - CESTAT, MUMBAI] in the context of old provisions which was later upheld by the Hon’ble Bombay High Court. No contrary decision has been placed by the Revenue. The proviso to Rule 4(5)(a) is in pari materia with the provision discussed in the said judgment, hence, the ratio laid down thereunder is squarely applicable to the present case. Another argument advanced on behalf of the Revenue is that, in the present case, the goods cleared by the appellants to M/s. Maneesh Pharma Pvt. Ltd. were ultimately exported and therefore the principle of law settled in Sterlite Industries (I) Ltd.’s case is not applicable. There are no merit in the said contention inasmuch as the ratio laid down by the Larger Bench of the Tribunal is applicable to the present case also even if the goods were ultimately exported, when one takes into consideration the provisions contained in Rule 6(6) of Cenvat Credit Rules, 2004. In the result, the appellants are eligible to the Cenvat credit amount availed. Appeal allowed - decided in favor of appellant.
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