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2015 (10) TMI 1700 - CESTAT AHMEDABAD

2015 (10) TMI 1700 - CESTAT AHMEDABAD - TMI - Denial of CENVAT Credit - Whether appellant has correctly availed cenvat credit with respect to appellant’s own goods received back as rejected goods for repairs, rectification etc. - Held that:- Rule 16(1) of the Cenvat Credit Rules, 2004 is not subject to the provisions of Rule 16(2) or maintenance of certain prescribed records. Rule 16(1) conveys that where any finished goods are received for remaking, refining, reconditioning or for any other rea .....

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2012, appellant has argued that the repaired containers or rejected and repaired containers or waste of such returned containers are all cleared on payment of duty. It is not the case of the Revenue that metal containers after repair were cleared clandestinely without payment of duty by the appellant. There is no shortage of metal containers brought out by Revenue. CENVAT credit can not be denied on procedural lapses when the rejected containers were duly reflected in the CENVAT credit account a .....

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-13 dated 07.11.2012 under which OIO No. 26/Assistant Commissioner/NDMN/DEM/11-12 dated 30.11.2011, dropping of demand of ₹ 1,94,206/-, was set-aside and the show cause notice demand was confirmed by the first appellate authority alongwith interest. An equivalent penalty was also imposed upon the appellant under Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. 2. Shri V.N. Rane (Advocate) appearing on behalf of the appellant argued that the i .....

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the following case laws to argue that CENVAT credit of rejected goods were rightly admissible under Rule 16:- (a) CCE Meerut-II vs. Polyplex Corporation Limited - [2008 (224) ELT 46 (Uttarakhand)] (b) Hitesh Plastics Pvt. Limited vs. CCE & Cus, Vapi - [2009 (243) ELT 419 (Tri. Ahmd.)] (c) CCE, Jaipur vs. Amco India Limited - [2015 (316) ELT 525 (Tri. Del.)] (d) Dhanuka Pesticides vs. CCE, Delhi-III - [2014 (303) ELT 90 (Tri. Del.)] 3. Shri J. Nair (AR) appearing on behalf of the Revenue argu .....

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st appellate authority that Commissioner (Appeals) has correctly relied upon the case laws mentioned in Para 10. 4. Heard both sides and perused the case records. The issue involved is whether appellant has correctly availed cenvat credit with respect to appellant s own goods received back as rejected goods for repairs, rectification etc. Rule 16 of the Cenvat Credit Rules, 2004 is as follows:- Credit of duty on goods brought to the factory - Rule 16. (1) Where any goods on which duty has been p .....

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manufacturer shall pay an amount equal to the CENVAT credit taken under sub-rule (1) and in any other case the manufacturer shall pay duty on goods received under sub-rule (1) at the rate applicable on the date of removal and on the value determined under sub-section (2) of Section 3 or Section 4 or Section 4A of the Act, as the case may be. 4.1 It is observed that Rule 16(1) of the Cenvat Credit Rules, 2004 is not subject to the provisions of Rule 16(2) or maintenance of certain prescribed rec .....

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ELT 525 (Tri. Del.)] relied upon by the appellant also support this view and is reproduced below:- 6. On going through the submission so made as also by the learned DR and after going through the impugned order of Commissioner (Appeals), I find no reason to disagree with the finding of the appellate authority. As rightly observed by him, Revenue on one hand, is contending that no records were being maintained by the assessee after receipt of the returned goods, so as to show the further process .....

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