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2017 (3) TMI 1004 - AT - Central ExciseCENVAT credit - rule 16 - CVD - 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? - Held that: - as per rule 16, 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 CCR 2004 - The SCN proposed to deny the credit on the ground that it is their finished goods and CENVAT Credit Rules 2004 does not permit credit on the finished goods - there is no substance in the said allegation and confirmation by the authorities below inasmuch as in the Rule itself it is made clear that the goods which were initially cleared on payment of duty on its receipt be considered as ‘input’ and accordingly the CENVAT Credit would be admissible as if it is an ‘input’ under CCR, 2004 - appellant is eligible for credit on CVD - appeal allowed - decided in favor of appellant-assessee.
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