TMI Blog2015 (10) TMI 1782X X X X Extracts X X X X X X X X Extracts X X X X ..... this tribunal in the case of Sterlite Industries (I) Ltd. (2004 (12) TMI 108 - CESTAT, MUMBAI), wherein it was held that inputs used in the manufacture of final products cleared without payment of duty, after job work, cannot be considered as used in exempted goods and job workers are entitled to input credit. Therefore, in the light of the Larger Bench's decision of the Tribunal in the case of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Credit of duty paid on various raw materials, capital goods etc., under Rule 3(f) of Cenvat Credit Rules, 2004. It was found that during the period from February, 2007 to December, 2007, they painted body shells, received from M/s FIAT India Automobiles Pvt. Ltd. on job work basis under Rule 4(5)(a) of Cenvat Credit Rules, 2004. The said body shells duly painted were returned to the principal manu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 27,75,460/- (in Appeal No. E/320/09) and ₹ 11,81,524/- (in Appeal NO. E/321/09) were confirmed and also ordered for recovery of interests at appropriate rate under Section 11AB of the Act and equal amount of penalties were also imposed under Rule 15 of the Cenvat Credit Rules, 2004. 2.1 Being aggrieved, the appellant preferred the appeals before the Commissioner (Appeals), who uphel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties. 5. Having considered the rival contentions, I find that the issue involved in this case is no longer res integra as the same is decided in favour of the assessee by Larger Bench of this tribunal in the case of Sterlite Industries (I) Ltd. (supra), wherein it was held that inputs used in the manufacture of final products cleared without payment of duty, after job work, cannot be considered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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