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2015 (10) TMI 867 - CESTAT NEW DELHI

2015 (10) TMI 867 - CESTAT NEW DELHI - TMI - Removal of inputs as such - Whether the appellant are required to pay duty on 115% of the value of cost of inputs cleared to the sister unit under the provision of Rule 57AB(b) read with Notification No. 27/2000 CE(NT) dated 31.3.2000 during the period 1.4.2000 to 28.2.2001 or not - Held that:- As the Larger Bench of this Tribunal [2005 (9) TMI 340 - CESTAT, NEW DELHI] has held that reversal of Cenvat Credit availed on inputs is sufficient if the good .....

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he Respondent : Shri Promod Kumar, Jt.CDR ORDER Per Ashok Jindal : The appellant is in appeal against the impugned order wherein duty has been demanded by enhancing the assessable value of the inputs cleared to sister unit by the appellant. 2. The facts of the case are that the appellant is manufacturer of beverages, aerated waters.They are selling certain inputs to their sister unit and by reversing the cenvat credit availed thereon.The Revenue is of the view that as per Rule 57 AB (b) read wit .....

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t are required to pay duty on 115% of the value of cost of inputs cleared to the sister unit under the provision of Rule 57AB(b) read with Notification No. 27/2000 CE(NT) dated 31.3.2000 during the period 1.4.2000 to 28.2.2001 or not. 5. The issue has been settled by Larger Bench of this Tribunal in the case of Eicher Tractors vs. CCE, Jaipur [2005 (189) ELT 131 (Tri-LB)] wherein Larger Bench of this Tribunal has observed as under: 6.It is seen that the Board vide its circular dated 25-4-2005 ha .....

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