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M/s Indocem Pvt. Ltd. Versus Commissioner of C. Ex. & S. Tax Ahmedabad-III

Availing credit on returned goods - receipt of credit notes instead of Invoices - Rule 16 of Central Excise Rules,2002 - Held that: - there is no dispute about the receipt of the returned defective goods from the depots as well as their customers, listed out in the Form V Register enclosed as Annexure B to the appeal paper book - Since the entire quantity against the clearance of excise invoices were not received back but part quantity which were defective only received, the credit notes were .....

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ember 2007 to October 2009, the Appellant had cleared their finished goods to various customers as well as to depots on payment of duty. Certain quantity of the finished goods was returned as defective. The Appellant availed the CENVAT Credit proportionately in relation to the quantity returned. After rectification of the defects, it were cleared on payment of duty on the transaction value as per Rule 16(1) of Central Excise Rules 2002. Alleging that the CENVAT Credit availed on the returned goo .....

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vailed the CENVAT Credit on returned/defective goods against credit note, but on the invoices against which it was initially cleared on payment of duty. Since the entire quantity of finished goods was not returned, but part of the quantity was returned along with original invoice and the transporter s LR, credit notes were issued to regularize the account. In support, he has referred to relevant pages of the Form V Register enclosed with of the appeal paper book showing the quantity of returned .....

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