TMI Blog2007 (11) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... ry of equal amount of credit - there is no such provision to reverse credit of service tax availed in relation to such inputs or capital goods when removed from the factory – Rule 14 not applicable – credit not required to be reversed - E/626/2007 - 1420/2007 - Dated:- 29-11-2007 - Shri P. Karthikeyan, Member (T) [Order]. -1. After hearing both sides on the stay application, the requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot reversed. After due process of law, the Assistant Commissioner has demanded the impugned credit under Rule 14 of the Cenvat Credit Rules read with Section 11A of the Central Excise Act,1944. 3. Arguing the appeal, the learned Counsel submitted that an assessee is not required to reverse the credit availed or pay back the same when any inputs in relation to the receipt of which service tax w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x accrued to the Government under the GTA service. He has also relied on DOF No. 334/1/2007-TRU dated 28-2-2007 addressed to the Commissioners and Chief Commissioners wherein, it was clarified as follows:- "New sub-rules (3) and (4) have been inserted in Rule 11 to provide that when a person opts for exemption from whole of duty (in case of conditional notification) or where a product become ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liable to be denied /recovered. 5. On a careful study or the statutory provisions, it is seen that when the credit-availed inputs or capital goods are removed from the factory of the assessee, sub-rule (5) of Rule 3 of the Cenvat Credit Rules, 2004 provides for recovery of equal amount of credit. There is no such provision to reverse credit of service tax availed in relation to such inputs or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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