TMI Blog2014 (3) TMI 243X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 of the Central Excise Rules, 2002 - applicant had, after initial export of the goods, received back the rejected goods and paid CVD at the time of its re-import and availed CENVAT Credit of the CVD paid on the rejected goods, under Rule 16 - Held that:- On a preliminary analysis of Rule 16 of the Central Excise Rules, 2002, prima facie, we are of the view that any goods on which duty has been pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Advocate, Mr. V.B. Gaikwad, for the applicant, submits that during the relevant period October 2011 to November 2011, they availed Cenvat credit amounting to Rs. 68.45 lakhs on the CVD paid against re-importation of their goods, viz cotton fabrics and made-up articles exported earlier. He submits that because of the defect in the said goods, the overseas buyer rejected the goods and sent i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of its re-import and availed CENVAT Credit of the CVD paid on the rejected goods, under Rule 16 of the Central Excise rules, 2002. The said Rule 16 reads as: Rule 16. Credit of duty on goods brought to the factory. - (1)Where any goods on which duty had been paid at the time of removal thereof are brought to any factory for being re-made, refined, re-conditioned or for any other reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in view the interest of revenue as well as the principles of law settled by the Hon'ble Supreme Court and High Courts on the issue of disposal of stay applications, we direct the applicant to deposit 50% of the cenvat credit involved in the present case. On deposit of the same, the balance dues adjudged would stand waived and its recovery stayed during the pendency of the appeal. Compliance t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
