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2015 (10) TMI 2450 - CESTAT CHENNAI

2015 (10) TMI 2450 - CESTAT CHENNAI - TMI - Reversal of CENVAT Credit - Exemption of duty on such pipes in terms of Notification No.6/2002 - Appellant contended that notification does not require any reversal of Cenvat credit on the inputs or work-in-progress or finished goods lying in stock on the date on which exemption was granted. - Held that:- It has not availed any exemption either on value-based or quantity-based criteria for clearance in a financial year. Therefore, this rules out applic .....

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quantity-based exemption. There is no case of Revenue to the contrary. Therefore, Rule (2) of Rule 9 of Cenvat Credit Rules, 2004 is not applicable - If Cenvat credit is taken validy, which is not disputed by the department, in absence of one-to-one relationship between input or output or output service, there cannot be exercise of power by executive to ask the assessee to revert such Cenvat credit. Following this ratio, the order of authority below is set aside - Decided in favour of assessee. .....

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on such pipes in terms of Notification No.6/2002, dated 01.03.2002 read with Notification No.47/2002-CE, dated 06.09.2000. When the exemption was claimed, it was the allegation of the department that the finished goods not being liable to duty, the appellant has to return back the Cenvat credit availed on inputs, work-in-progress as well as finished goods lying in stock, to the department on the date of issuance of the exemption notification. 2. It is the submission of the counsel that the notif .....

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ince Rule 9 of Cenvat Credit Rules, 2002 is not at all applicable to the case of appellant following the judgment of the Hon'ble High Court of Madras in the case of Tractor and Farm Equipment Ltd. Vs Commissioner of Central Excise, Madras in CMA 940/2007 disposed on 28.11.2014. He submits that Hon'ble High Court has held in para 16 of the judgment that the Cenvat credit already utilised that cannot be called back, for no correlation established by the department to make denial. 3. Revenu .....

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