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2016 (12) TMI 588 - CESTAT ALLAHABADReversal of CENVAT credit - Wether the appellant Paam Eatables Ltd (PEL for short) a manufacturer of Maggi 2 minute Noodles etc on job work basis, and cleared on payment of duty, whether are liable to reverse input credit under Rule 57CC of Central Excise Rules, 1944 read with rule 6 (1) of the CENVAT Credit Rules, 2004, for removal of broken noodles (waste product) exempt under Notification No. 3/2005-CE? - Held that: - the appellant is not required to reverse CENVAT credit on clearance of waste (floor sweeping and rejected Noodles). Further, held that the provisions of Rule 6 (3) of CCR, 2004, will not be attracted in the case of clearance of waste and by-product arising on the manufacturer of taxable final product. Under the facts & circumstances we also hold that the extended period of limitation is not attracted in this case. Accordingly, we allow the appeals with consequential benefits - reversal of credit not justified - appeal allowed - decided in favor of appellant-assessee.
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