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Commissioner of Central Excise & Customs, Nashik Versus Ring Plus Aqua Ltd.

2015 (10) TMI 2189 - CESTAT MUMBAI

CENVAT Credit - capital goods - later on re-exported the said capital goods and got their EPCG licence cancelled - Held that:- appellant is not required to reverse CENVAT Credit taken on the capital goods, which was procured and subsequently re-exported - In view of the consistent stand of Tribunal [2014 (9) TMI 864 - CESTAT MUMBAI], which is also in accordance with the Board Circular dated 29.08.2000 - Decided against Revenue. - Appeal No. E/1846/05-Mum, E/CO/356/05 - Dated:- 4-8-2015 - P K Jai .....

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the supplier of the capital goods and later on re-exported the said capital goods and got their EPCG licence cancelled. The goods were exported by them under bond procedure and hence no duty was paid at the time of export. Revenue's case is that the appellant is required to pay duty equal to the amount of Cenvat Credit taken by them at the time of import. In the impugned order the Commissioner following the board circular no. 345/2/2000 dated 29.08.2000 in para 8 allowed the appeal. Revenue .....

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rly covers the situation. It was also submitted that this Tribunal has been consistently holding that export of capital goods without payment of duty without reversing the Cenvat credit is in order. In support of his submission, ld. counsel submitted this Tribunal's decision in Glass Ceramic Decorators vs. CCE 2014 (305) ELT 133. He further submitted that similar view has been taken by this Tribunal in the case of Esel Propack Ltd. 2014 (314) ELT 584. It was also submitted that similar view .....

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e exported. Doubt has been expressed whether such export clearances have to be made only on payment of duty. In this context it is clarified that under the excise procedures, a manufacturer can export the goods under bond without payment of duty. This is a facility that is available to the manufacturer under the excise procedure. In such case, the appropriate duty of excise that is payable is 'nil'. Therefore, there is no bar for a manufacturer to remove the inputs or capital goods for e .....

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