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M/s. Eicher Tractors Versus CCE-Bhopal

2016 (8) TMI 237 - CESTAT NEW DELHI

Reversal of cenvat credit – appellant not reversed the cenvat credit attributable to the stock of raw material, and inputs contained in work in progress and in final products when the final product became fully exempt – Held that:- on the date when the final goods become exempt from payment of duty, for the inputs received on and after the said date, no credit can be taken – decided in favor of assesse. - Excise Appeal No. 1227/2007-EX[DB] - Final Order No. 51281/2016 - Dated:- 9-3-2016 - Shri R .....

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k-in-progress and contained in the final product in stock as on 9th July, 2004 when the final product namely, tractors became fully exempt from Central Excise duty. The period involved in this case is prior to 01/03/2007. 2. Ld. Counsel for the appellant contends that the issue is no longer res-integra having been decided in favour of the assessee vide several judgment including that of Madras High Court in the case of Tractor and Farm Equipment Ltd. Vs. CCE, Madurai-II reported in 2015 (320) EL .....

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and over again on para 17 of the decision of in Dai Ichi Karkaria Ltd, case referred supra, which has very clearly set out the position as to how the credit taken on inputs, should be utilized. To sum up paragraph 17 of the Dai Ichi Krkaria Ltd. case referred supra, which answers the present issue, is extracted hereunder: 17. It is clear from these rules, as we read them, that a manufacturer obtains credit for the excise duty paid on raw material to be used by him in the production of an excisa .....

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een validly taken, and its benefit is available to the manufacturer without any limitation in time or otherwise unless the manufacturer itself chooses not to use the raw material in its excisable product. The credit, is therefore, indefeasible. It should also be noted that there is no correlation of the raw material and the final product: that is to say, it is not as if credit can be taken only on a final product that is manufactured out of the particular raw material to which the credit is rela .....

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