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M/s. Caterpillar India Pvt. Ltd. Versus Commissioner of Central Excise & Service Tax LTU, Chennai And Vice-Versa

2016 (6) TMI 440 - CESTAT CHENNAI

Reversal of cenvat credit taken on the inputs imported and subsequently re-exported - Held that:- The goods which are exported do not suffer the duty incidence. Keeping this view in mind, we do not find it appropriate to make a distinction between goods which are exported under ARE-1 procedure on payment of duty under claim for rebate, and those which are exported under bond without payment of duty/reversing the credit under Rule 3(5). Both sets of goods cannot suffer incidence of duty. See Vide .....

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er No.40833-40835/2016 - Dated:- 20-5-2016 - SHRI D.N. PANDA, JUDICIAL MEMBER AND SHRIV.PADMANABHAN, TECHNICAL MEMBER For the Petitioner : Shri M. Kannan, Advocate For the Respondent : Shri K. Veerabhadra Reddy, JC (AR) ORDER PER V. PADMANABHAN Two appeals filed by M/s.Caterpillar India Pvt. Ltd. (hereinafter known as the appellant-assessee) as well as ONE by the Revenue are being disposed of through this common order since they are centered on the same issue. The first appeal is directed agains .....

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led by the appellant-assessee is directed against the order of Commissioner (Appeals) dt. 13.5.2014 setting aside the refund paid for a subsequent period. 2. The appellant-assessee imported certain inputs on which they availed cenvat credit. Subsequently, a portion of these inputs were cleared for export bond under Rule 19 of the Central Excise Rules, 2002. At the time of export, they did not reverse an amount equal to the cenvat credit availed. The Revenue demanded amounts equal to the credit i .....

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for the appellant-assessee submitted that CBEC had clarified vide Circular dt. 31.12.1996 that the manufacturer who has taken Modvat credit can export the goods under bond without payment of duty and this facility was available as per the excise procedure. Therefore, there is no bar on the manufacturer to remove inputs/capital goods in terms of Explanation under Rule 18 (2). This clarification has been reiterated in the subsequent Boards circular dt.29.8.2000 which has made it clear that the a .....

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Cenvat Credit Rules does not make any distinction between domestic clearance and export clearance and in both if the goods are removed as such, the appellant-assessee has to reverse the credit and therefore in this case also it should be reversed. However, he fairly admits that in case the same goods are exported after reversing the credit, appellant-assessee will be eligible for grant of rebate of the duty paid. 6. It is not in dispute that inputs imported by the appellant-assessee have been e .....

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