Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (8) TMI 788 - AT - Central ExciseCaptive consumption - whether transfer of the moulds to appellant’s other unit violate the condition in the Notification No. 67/95-CE dated 16.03.1995 to the effect that the moulds enjoy the exemption as long as they are used within the factory of manufacture - Held that:- the condition specified in the notification is not violated inasmuch as the factory itself has moved to Noida and since the mould in question continues to be used within the factory it cannot be said that the moulds have been cleared out of the factory. The fact also remains that in case duty is paid on the moulds on its transfer to Noida, such duty will be available as cenvat credit to the recipient factory inasmuch as the original and the destination factory belong to the same manufacturer and in fact since the former merged with the later, the whole exercise will lead to the revenue neutral situation and no useful purpose will be served while charging duty for such clearances. - Decided in favour of appellant
|