Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (3) TMI 439 - AT - Central ExciseReversal of CENVAT credit - whether the appellant while clearing the imported inputs which were found to be defective and unusable and later re-exported from their premises, is required to pay an amount equal to the credit availed on such inputs as per Rule 3(5) of the Cenvat Credit Rules, 2004 - Held that:- In the instant case, the imported inputs were directly used and found to be defective and not upto the appellant's quality parameters. The impugned order is liable to be set aside for the reason that in the Board's circular No.283/117/96 dated 31.12.1996 it has been clearly stated that the credit availed on inputs which are re-exported as such under Bond need not be reversed. The issue being covered by the judgment in the case of Zydex Industries [2007 (4) TMI 545 - CESTAT, AHMEDABAD ], the demand for the availment of cenvat credit which is alleged to be incorrect is unsustainable - Decided in favour of assessee
|