TMI Blog2016 (6) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... clearance of inputs/capital goods for export without reversal of the credit taken Thus we hold that the appellant-assessee is not required to reverse cenvat credit taken on the inputs which were imported and subsequently re-exported. Accordingly, we allow the appeal filed by the appellant-assessee - Appeal No. E/24/2010, Appeal No.E/508/2011 with E/CO/1/2012 & Appeal No.E/41877/2014 - Final Order 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts or capital goods and such removal shall be made under the cover of an invoice 3. Heard the learned advocate for the appellant-assessee and Ld.D.R for the Revenue. 4. The learned counsel 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 appellant-assessee who takes the credit may remove the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 7. This issue has been considered by this Tribunal in a plethora of decisions allowing clearance of inputs/capital goods for export without reversal of the credit taken. Some of the decisions cited below uphold this view :- (1) Videocon International Ltd. Vs CCE Vadodara-II-2009 (235) ELT 135 (Tri. Ahmd.) (2) CCE Customs, NashikVs Ring Plus Aqua Ltd.-2014-TIOL-2083-CESTAT-MUM. (3) Glass and Ceramic Decorators Vs Commissioner of Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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