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M/s. Jai Forgings & Stampings Pvt Ltd. Versus C.C.E. & S.T., Panchkula

2015 (6) TMI 1139 - CESTAT NEW DELHI

Re-credit of CENVAT credit reversed erroneously - principles of unjust enrichment - job-work - Held that: - Reversal of cenvat credit and taking of such re-credit is only book entries and the appellant demonstrated with the help of documentary evidence that the amount actually reversed was taken as re-credit. In this case, the embargo created in Rule 6 ibid will not have any application inasmuch as the job worked goods removed from the factory of the appellant were used by the principal manufact .....

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ufacture - 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 forgings and steel scrap, falling under Chapter 73 and 72 respectively of the First Schedule to the Central Excise Tariff Act, 1985. The appellant avails .....

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versed was again taken by the appellant on the ground that the same has been wrongly reversed, inasmuch as by utilizing the job worked goods, the ultimate finished excisable goods were suffered duty in the hand of the principal manufacturer. Taking of re-credit suo moto was denied by the Central Excise Department on the ground that there was no proper invoice for taking such re-credit and that taking of such re-credit is contrary to the provisions of Rule 6(1) of the Cenvat Credit Rules, 2004. T .....

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ppearing 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 th .....

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indings recorded in the impugned order and relied on the decision of Larger Bench of this Tribunal in the case of BDH Industries Ltd. Vs CCE (Appeals) Mumbai, reported in 2008 (229) ELT 364 (Tri. LB) to justify his stand that suo moto credit is not permissible to the appellant. 4. I have heard the Ld. Counsel for both the sides and perused the records. 5. The authorities below have denied taking of re-credit by the appellant on the ground that no provision exists in the cenvat statue for taking .....

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