TMI Blog2014 (8) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... ) - Assessee has again taken credit of the duty paid by M/s Eicher Engineering Components Ltd - Held that:- admittedly M/s Eicher Engineering Components Ltd. had "paid" the duty and M/s V.E. Commercial Vehicles Ltd. has availed the duty paid by M/s Eicher Engineering Components Ltd. It is well settled law that the credit of duty "paid and not payable" is available. The entire situation is revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the benefit of Cenvat credit of duty paid therein. The said forgings were being sent by them to their job workers M/s Eicher Engineering Components Ltd., in terms of the provisions of Rule 4(5)(a) of Cenvat Credit Rules. M/s Eicher Engineering Components Ltd., instead of returning the machine forgings to the appellant without payment of duty, chosen to pay duty on the same by adopting the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is well settled law that the credit of duty paid and not payable is available. The entire situation is revenue neutral. Tribunal in the case of Bharat Heavy Electricals Ltd. vs. CCE ST, Meerut-I vide final order No.58139/2013 has dealt with an identical situation and has held in favour of the assessee. By following the same, we dispense with the condition of pre-deposit of dues against the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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