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2017 (3) TMI 1146 - AT - Central ExciseRefund claim - utilisation of the exempted goods in the manufacture of the final products which have been exported - denial on the ground that since the goods were exempted as on 1-3-2002 refund claim is not maintainable - Whether the appellant is liable to reverse/pay Cenvat Credit on the inputs already used in the manufacture of final product when it was dutiable but lying in stock as on 1-3-2002 when final product became exempted? - Held that: - issue has been settled in the larger judgment in case of Ashok Iron [2002 (1) TMI 91 - CEGAT, NEW DELHI] that Cenvat credit in respect of input contained in the final product lying in stock as on date when final product became exempted, no Cenvat credit is required to be reversed on the ground that at the time of taking credit the input used in the manufacture of final product which was dutiable. Whether the appellant is required to reverse the Cenvat credit on the input lying in stock as on 1-3-2002 but subsequently used in the manufacture of final product which was cleared for export under bond/undertaking? - Held that: - the credit on such input is admissible to the appellant in terms of Rule 6 of CCR, 2004 - reliance was placed in the case of Godrej Food Vs. CCE [2016 (10) TMI 759 - CESTAT MUMBAI] - appellant is not required to reverse/pay the Cenvat amount attributed to the input contained in finished goods lying in stock as on 1-3-2002 as well as on the input lying in stock as on 1-3-2002 but used in the manufacture and clearances of export goods. Appeal allowed - decided in favor of appellant.
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