Home Case Index All Cases Central Excise Central Excise + CGOVT Central Excise - 2013 (7) TMI CGOVT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (7) TMI 333 - GOVERNMENT OF INDIANature of reversal of cenvat credit on removal of inputs as such - Rule 3(5) - Whether Duty paid by reversing the amount under Rule 3(4)/3(5) of Cenvat Credit Rules, 2004 is to be treated as payment of duty for the purpose of Rule 18 of Central Excise Rules, 2002 read with Notification No. 19/2004-C.E. (N.T.), dated 6-9-2004 – Held that:- As per the decision of Bombay High Court in the case of CCE, Raigarh v. Micro Ink Ltd [2011 (3) TMI 1272 - BOMBAY HIGH COURT], rule 3(4) of the 2002 Rules is pari materia with Rule 57(1)(ii) of the Central Excise Rules, 1944 it is evident that inputs/capital goods when exported on payment of duty under Rule 3(4) of 2002 Rules, rebate of that duty would be allowable - Therefore entitlement to rebate of that duty cannot be faulted - Reversal of Cenvat Credit under Rules 3(4) and 3(5) is nothing but payment of duty on the goods exported/supplied to SEZ. Rule 3(6) of Cenvat Credit Rules, 2004 clearly stipulates that the amount paid under Rule 3(5) shall be eligible as Cenvat credit as if it was a duty paid by the person who removed such goods under Rule 3(5) of Cenvat Credit Rules, 2004 - Rebate claim is admissible to the applicant under Rule 18 of Central Excise Rules, 2002 read with Notification No. 19/2004-C.E. (N.T.), dated 6-9-2004 – Decided in favor of Assessee.
|