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2018 (1) TMI 16 - AT - Central ExciseCaptive consumption - job-work - goods goods cleared to their job workers without payment of duty - N/N. 67/95-CE dated 16.3.1995 - Held that: - it is admitted fact that these dies have been manufactured by the appellant in their factory and sent to the job worker for further manufacturing intermediate goods - Admittedly, the dies have not been used captively in the factory of the appellant. Therefore, the benefit of the N/N. 67/95-CE is available to the appellant. CENVAT credit - Revenue neutrality - Rule 4 (5) (b) of CCR - Held that: - if the appellant had paid duty on dies, the appellant was entitled to take Cenvat credit thereof immediately. In that circumstance, we find that is Revenue neutrality situation - it is case of Revenue neutrality as whatever duty they had paid on the dies, immediately they were entitled to the take Cenvat credit of the same. If that being the situation, in that circumstance, as per Rule 4 (5) (b) of the Rules, Cenvat credit has been taken by the appellant on these dies, the appellant is not required to reverse the credit as the same are cleared to the job workers for further manufacture of the goods. Appeal allowed - decided in favor of appellant.
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