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2018 (7) TMI 1585 - AT - Central ExciseCENVAT Credit - reversal of input services - removal of inputs as such - GTA service for inward transportation of iron ore and coal - Waste - iron ore fines and coal fines - Held that:- The iron ore fines and coal fines generated in the process of manufacture, are nothing but waste products - The iron ore fines and coal fines had not been manufactured by the appellant but were generated in the process of manufacture, and hence, the appellant has not infringed the provisions of Rule 2(l) of the Cenvat Credit Rules, 2004. Identical issue decided in the case of SEVEN STAR STEELS LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX, BBSR-II [2013 (5) TMI 119 - CESTAT KOLKATA], where it was held that when the credit availed inputs or capital goods are removed from the factory of the assessee, sub-rule (5) of Rule 3 of the Cenvat Credit Rules, 2004 provides for recovery of equal amount of credit. There is no such provision to reverse credit of service tax availed in relation to such inputs or capital goods when removed from the factory. Appeal allowed - decided in favor of appellant.
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