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2017 (3) TMI 769 - AT - Central ExciseCENVAT credit - Block Making Machine - denial of credit on CVD on the ground that the said machine is the final product and does not fall under the category of input or capital goods - whether the Appellants are eligible for CENVAT Credit of CVD paid on the manufactured goods cleared initially without payment of duty under bond for export? - the goods were exported for exhibition purpose and later returned, at the time of re-import, the CVD was required to be paid or not? - Held that: - As per Rule 16 of CER, 2002, the goods which were cleared and brought back to the factory for being re-made, refined, re-conditioned or for any other reason, the assessee shall be eligible to take credit as if the such goods are received as input under CENVAT Credit Rules 2004 - a fiction has been created to consider the finished goods cleared initially, when returned to the factory for being remade, refined and reconditioned etc or for any other reason as an input - In the present case, the situation is covered under the expression or for any other reason , hence, the Appellants are definitely eligible to the credit of the CVD paid on said goods on its re-importation - credit allowed - appeal allowed - decided in favor of appellant.
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