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2019 (11) TMI 48 - AT - Central ExciseRecovery of the wrongly availed CENVAT Credit - raw material imported on payment of CVD and SAD - Since the disputed goods, i.e., CARTAP was not used for the intended purpose in the factory of manufacture of final product, the department contended that taking of cenvat credit of CVD and SAD paid on such disputed goods is not proper and justified. HELD THAT:- It is an admitted fact on record that out of the disputed amount of cenvat credit of ₹ 14,87,490/-, the appellant had paid duty amounting to ₹ 13,26,000/- on the basis of normal transaction value determined by it in terms of Rule 7 of the Central Excise Valuation Rules. The remaining amount of ₹ 1,61,525/- was subsequently reversed from the cenvat account. Thus, the credit availed by the appellant in respect of the raw material dispatched to its sister unit was entirely reversed/paid. Under the circumstances, it cannot be said that the amount of cenvat credit can again be recovered. Appeal allowed - decided in favor of appellant.
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