TMI Blog2015 (6) TMI 1139X X X X Extracts X X X X X X X X Extracts X X X X ..... s of this Tribunal in the case of Sterlite Industries (I) Ltd. [2004 (12) TMI 108 - CESTAT, MUMBAI] has held that the provisions of Rule 57 C of erstwhile Central Excise Rules, 1994 (Parimateria to Rule 6 ibid) will not apply to the job worked goods, for further utilization in the manufacture of final product, which are cleared on payment of duty by the principal manufacture - appeal allowed - decided in favor of appellant. - E/52041/2014-E[SM] - 54416/2015 - Dated:- 26-6-2015 - Mr. S.K. Mohanty, Member (Judicial) Mr. R. Santhanam (Advocate) for the Appellant Mr. M. S. Negi, DR for the Respondent ORDER Per: S. K. Mohanty Brief facts of the case are that the appellant is engaged in the manufacturer of steel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide the penalty imposed on the appellant and upheld disallowance of suo moto cenvat credit taken by the appellant. 2. Sh. R. Santhanam, the Ld. Advocate appearing for the appellant submitted that taking of re-credit upon realization of mistake that the cenvat credit was wrongly reversed is permissible under the statute inasmuch as there is no involvement of any unjust enrichment. To support his view that re-credit is permissible under the facts and circumstances of the case, the Ld. Advocate has relied on the judgment of Hon ble Madras High Court in the case of ICMC Corporation Ltd. Vs CESTAT Chennai reported in 2014 (302) ELT 45 Mad. and also the decision of the Larger Bench of Tribunal in the case of Sterlite Industries (I) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n inasmuch as the job worked goods removed from the factory of the appellant were used by the principal manufacturer for manufacture of excisable goods, on which appropriate central excise duty liability has been discharged. The larger benches of this Tribunal in the case of Sterlite Industries (I) Ltd. has held that the provisions of Rule 57 C of erstwhile Central Excise Rules, 1994 (Parimateria to Rule 6 ibid ) will not apply to the job worked goods, for further utilization in the manufacture of final product, which are cleared on payment of duty by the principal manufacture. With regard to taking of suo moto re-credit, the Hon ble Madras High Court in the case of ICMC Corporation Ltd., (supra) have held that there is no impedime ..... X X X X Extracts X X X X X X X X Extracts X X X X
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