TMI Blog2016 (1) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... such inputs, the resultant product cleared as scrap and no input as such - Demand set aside - Decided in favor of assessee. As regards the demand of duty on the value of moulds used by the respondent in manufacturing the final products to their customers - Held that:- when the Central Excise duty is paid on moulds at one time or recovered by amortising the cost of goods produces, it is the same i.e. duty on value of mould is to be recovered, which in this case has already discharged by the assessee - No demand can be made - Decided in favor of assessee. - Appeal No. E/1338/05 - Final Order No. A/4000/2015-WZB/EB - Dated:- 30-12-2015 - SHRI M.V. RAVINDRAN, MEMBER (JUDICIAL) AND SHRI C.J. MATHEW, MEMBER (TECHNICAL) For the Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essed. It is his submission that the provisions of Rule 16(2) are very clear inasmuch as if there is no manufacturing activity undertaken on the returned goods, CENVAT Credit availed on such goods needs to be reversed while in the case in hand, the respondent has only paid the duty on the scrap which is less than the amount of CENVAT Credit availed. It is his further submission that the provision of Rule 16(2) needs to be applied in its entirety. 4.2 As regards the non-inclusion of value of the dies and moulds of the finished goods cleared which were manufactured by such dies and moulds, it is the submissions that the judgment of the Larger Bench in the case of Mutual Industries Ltd. Vs. Commissioner of Central Excise, Mumbai - 2000 (117 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess duty and one time basis on additional consideration of ₹ 33,82,762/- received from buyers towards the cost of moulds which were manufactured by use or got manufactured from other manufacturers. 6. We have considered the submissions made at length by both sides and perused the records. 6.1 We find that the first appellate authority has upheld the contentions of the assessee on the provisions of applicability of Rule 16 of Central Excise Rules. The said rules empower the assessee to receive back the finished goods and take CENVAT Credit of the duty paid on such goods and reprocess/manufacture them and clear the goods on payment of duty. At given point of time the process undertaken by the assessee-respondent does not amount to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
