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2015 (10) TMI 886 - CESTAT MUMBAI

2015 (10) TMI 886 - CESTAT MUMBAI - TMI - CENVAT Credit - reversal of credit for removal of inputs as such for warranty replacement - Revenue is claiming that the value should be taken as 115% or the price at which such warranty replacement parts have been sold by them from their warehouses - Held that:- circular dated 1.7.2002 has been amended vide Circular No. 813/10/2005-CX dated 25.4.2005 as also Circular No.816/13/2005-CX dated 16.6.2005. We also note that exactly same issue has come up in .....

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that the appellants are engaged in the manufacture of UPS system. For the manufacture of UPS system, they are importing certain inputs and availing cenvat credit on the same. At times, some of the inputs are cleared to various depots, branch offices for purpose of warranty replacement. The appellants have reversed the credit equal to the credit taken at the time of import or receiving the inputs. However, the Revenue is claiming that the value should be taken as 115% or the price at which such .....

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sel submitted that in view of this position, the appeal may be allowed. 4. Learned AR, on the other hand, took us through the impugned order and submitted that in the order quoted by the appellant, the Boards circular No. 643/34/2002-CX dated 1.7.2002 has not been taken into account and in view of the then existing provisions of the law, the appellant is required to reverse the amount on the higher value as determined under Section 4 of the Central Excise Act. 5. We have considered the rival sub .....

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