TMI Blog2014 (2) TMI 547X X X X Extracts X X X X X X X X Extracts X X X X ..... U dated 29.08.2000 wherein it has been clarified that under the existing procedure a manufacturer can export the goods under bond without payment of duty. This is a facility that is available to the manufacturer under excise procedure. In such case, the appropriate duty of excise that is payable is nil. Therefore, there is no bar for a manufacturer to remove the inputs or capital goods for export ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant has cleared for export one old machinery purchased in the year 1997 on which they have taken CENVAT credit in the year 2005 i.e. 19.07.2005 without payment of any duty. Revenue is of the view that as per Rule 3(5) and Rule 14 of the CENVAT Credit Rules, 2004 the appellants are required to reverse CENVAT credit on these capital goods as the same were cleared as such . A show-cause notice was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11 (268) ELT 161 (P H) and Shree Rajasthan Syntex Ltd. vs. CCE Jaipur -2012 (280) ELT 470 (Tri. Del.). 4. On the other hand, the learned A.R appearing for the Revenue strongly opposed the contention of the learned Advocate. He submits that as per the Rule 3(5) of CENVAT Credit Rules, 2004 when inputs or capital goods on which CENVAT credit has been taken, are removed as such from the factory or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty that is available to the manufacturer under excise procedure. In such case, the appropriate duty of excise that is payable is nil. Therefore, there is no bar for a manufacturer to remove the inputs or capital goods for export under bond within the explanation referred to above. In the case of Videocon International Ltd. (supra) this Tribunal considered the issue and hold that in such case the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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