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2016 (10) TMI 138 - CESTAT BANGALORE

2016 (10) TMI 138 - CESTAT BANGALORE - TMI - Reversal of Cenvat credit and payment of interest - availed CENVAT Credit on inputs for the year ended 31.03.2008 - provision is made only for partial write off of inputs - Held that:- the appellant is not liable to reverse CENVAT credit when the value of inputs has been written off partially and the provision of Rule 3(5B) of CENVAT Credit Rules 2004 is applicable where the provision of write off fully is made. It is also pertinent to note that for t .....

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bramanian, Adv For the Appellant Mr N. Jagadish, A.R. For the Respondent ORDER Per S. S. Garg The present appeal is directed against the order-in-appeal passed by Commissioner (Appeals) dated 27.07.2012 vide which the Commissioner has rejected the appeal of the appellant and upheld the order of the Additional Commissioner. 2. Briefly the facts of the present case are that the appellant is engaged in the manufacture of circuit breakers, switch gears, fuse links etc. The appellant availed CENVAT C .....

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r the relevant period, the appellant had mentioned the details of CENVAT credit availed and CENVAT credit reversed on the inputs removed as such. The appellant had cleared the inputs as such during the relevant period. A sum of ₹ 3,62,656/- was reversed. The learned Joint Commissioner of Central Excise held that the reversal should have taken place at the time of write off itself and not when the inputs were removed as such. He held that as the amount of CENVAT credit was not debited at th .....

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e off fully has been made in the books of accounts, whereas they have made provision for partial write off only. The learned counsel further submitted that the Notification No. 3/2011(CE-NT) dated 01.03.2011 vide which the provisions of the Rule has been extended even to the goods written off partially is effective only from 01.03.2011 and the instant case pertains to the period prior to 01.03.2011. As such he submitted that there is no need to reverse CENVAT credit and consequently the question .....

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t taken in respect of the said input or capital goods. He further submitted that for the period 2008-09, the learned Addl Commissioner of Central Excise had issued similar show-cause notices. The learned Additional Commissioner of Central Excise vide order-in-original No. 129/2011 dated 01.12.2011 was pleased to hold that the appellant is not liable to reverse CENVAT credit when the value of inputs has been written off partially. A copy of the order has also been placed on record. The learned co .....

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