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2015 (10) TMI 768 - CESTAT NEW DELHI

2015 (10) TMI 768 - CESTAT NEW DELHI - 2015 (322) E.L.T. 755 (Tri. - Del.) - CENVAT Credit - whether the appellant is entitled to take Cenvat credit on the rejected goods received by them from their customers which were dismantled by them and part thereof used by them in manufacture of new product or not - Held that:- The provisions of Rule 16 (1) of the Central Excise Rules 2002 are relevant for availment of Cenvat credit thereon - assessee is entitled to take Cenvat credit which are duty paid. .....

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titled to take Cenvat credit on these rejected goods. The said view has been supported by this Tribunal in the case of International Tobacco Ltd. (2011 (9) TMI 862 - CESTAT NEW DELHI), although that being a stay order. Therefore, I hold that appellant have taken the Cenvat credit correctly. - Impugned order is set aside - Decided in favour of assessee. - E/59518 & 59519/2013-EX(SM) - Final Order Nos. A/51134-51135/2015-EX(SM)(BR) - Dated:- 1-4-2015 - Shri Ashok Jindal, Member (J) Shri Vivek Agga .....

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crapped and the parts thereof were used in manufacturing of new product. Revenue is of the view that as per Rule 16(1) of the Central Excise Rules, 2002 such rejected goods were required to be sent back after repairs/rectification failing which Cenvat credit taken on such rejection was to be reversed. On these basis a show cause notice was issued to the appellant for reversal of Cenvat credit on the rejected goods received by them along with interest and penalty also proposed on the appellant an .....

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ave correctly taken the Cenvat credit. To support this contention he relied on the decision in the case of International Tobacco Ltd. v. C.C.E & S.T.-2013 (292) E.L.T. 263 (Tri-Del). He further submits that as the reversal of Cenvat credit on returned goods as shown by them in statutory records. Therefore, extended period of limitation is not invokable. In the light of the decision of this Tribunal in the case of Rainbow Plastic Industries v. C.C.E. Surat-2011 (274) E.L.T. 577 (Tri-Ahmd) and .....

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the Ld. Counsel is only a stay order and same cannot be held. Therefore, appellants are required to reverse the Cenvat credit. 5. Heard the parties. Considered the submissions. 6. The short issue before me to decide is that whether the appellant is entitled to take Cenvat credit on the rejected goods received by them from their customers which were dismantled by them and part thereof used by them in manufacture of new product or not. The provisions of Rule 16 (1) of the Central Excise .....

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