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2017 (4) TMI 20 - AT - Central ExciseCENVAT credit - Rubber Stoppers - exported goods re-imported on rejection - credit availed on CVD which was required to be paid at the time of re-import - denial of credit on the ground that the said product being finished goods and does not fall under the category of ‘input’ or ‘capital goods’ - whether the Appellants are eligible to CENVAT Credit of the CVD paid on re-import of the manufactured goods 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 CENVAT Credit Rules 2004 - The SCN proposed to deny the credit on the ground that it is their finished goods and CCR 2004 does not permit credit on the finished goods. I do not find any 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 it is an ‘input’ under CCR, 2004 - Appellants are definitely eligible to the credit of the CVD paid on said goods on its re-importation - appeal allowed - decided in favor of appellant.
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