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M/s. Ercon Composites Versus C.C.E. Jaipur

2016 (8) TMI 201 - CESTAT NEW DELHI

Cenvat Credit - 100% EOU - Reversal of cenvat credit availed on inputs removed from the factory as such against CT-3 certificate – Rule 3(4) of the erstwhile Cenvat Credit Rules, 2002 - Held that:- The Hon’ble High court of Karnataka in the case of CCE Bangalore Vs. Solectron Centum Electronics Ltd. [2014 (10) TMI 596 - KARNATAKA HIGH COURT] has observed that, "there was no duty payable, as the said inputs were removed with the previous permission of the department as reflected in CT-3" - inputs .....

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engaged in the manufacture of fiber reinforced products and were claiming the benefit of Cenvat Credit on duty paid on the inputs. After availing the Credit in respect of unsaturated polyester raisin and S.K.Jain Hardware, they cleared the said inputs against CT-3 certificate issued to one M/s. Ercon Composites, a 100% EOU. 2. The dispute in the present appeal relates to as to whether while clearing the said inputs against CT-3 certificates the appellant is liable to reverse the cenvat credit a .....

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by them in bond equal to the duty amount. They have further contended that such clearances have to be treated as export of goods, in which case they would be entitled to the Cenvat Credit. They referred to the various decisions of the Tribunal laying down that clearances to 100% EOU are to be treated as export clearances, in view of the law laid down by the Larger Bench of the of the Tribunal in the case of Amitex Silk Mills (P) Ltd. Vs. CCE reported at 2006 (72) RLT 11 (CESTAT-LB). If such clea .....

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ducts from the other manufacturers free of duty on the basis of CT-3 certificates. Revenue s contention is that the goods do not stand procured directly from the input manufacturer and as such benefit of notification was not available to 100% EOU. However, we find that the said dispute has been the subject matter of the various decisions. The Hon ble High court of Karnataka in the case of CCE Bangalore Vs. Solectron Centum Electronics Ltd. 2014 (309) ELT 479 (Kar.) has observed as under: In so f .....

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bility to pay the duty and already Cenvat Credit has been taken, it was reversed under protest and therefore, they were entitled to the refund of the said amount. That question is also answered in favour of the assessee and against the Revenue. 6. The said decision of the Hon ble High Court of Karnataka stands followed by the Tribunal in the case of CCE Hyderabad Vs. Matrix Laboratories Ltd. 2015 (330) ELT 523 (Tri-Bang). While dealing with the identical situation, the Tribunal examined the disp .....

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