TMI Blog2018 (2) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the relevant period when Rule 57F was on Statute there was no provision equivalent to Caluse (ii) of Sub Rule (6) of Rule 6 of CCR 2004 - if the Cenvat Credit is availed on inputs and if the same are cleared to 100% EOU as provided under Sub Rule (6) of Rule 6 of CCR 2004, Cenvat Credit of duty paid on such inputs cannot be denied - appeal allowed - decided in favor of appellant. - E/70856/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Moradabad, a 100% EOU out of the stock of DMO procured as input from other manufacturer on which Cenvat Credit of ₹ 11,88,931/- was availed. It appeared to Revenue that under Sub Rule (5) of Rule 3 of Cenvat Credit Rules, 2004, appellants were required to reverse the said Cenvat Credit of ₹ 11,88,931/- on clearance of DMO to 100% EOU. Therefore, proceedings were initiated which culmin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hould be treated as export. 4. Learned AR has relied on the Larger Benchs decision of this Tribunal in the above stated case of Lakshmi Automatic Loom Works Ltd. 5. Having considered the rival contentions and had perusal of records, ruling of the Larger Bench in the above stated case of Lakshmi Automatic Loom Works Ltd. and provisions of Cenvat Credit Rules, 2004, I find that Cenvat Credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les into consideration I find that during the relevant period when Rule 57F was on Statute there was no provision equivalent to Caluse (ii) of Sub Rule (6) of Rule 6 of Cenvat Credit Rules, 2004. Therefore, the ruling by the Larger Bench is not applicable in the present case. I, therefore, hold that if the Cenvat Credit is availed on inputs and if the same are cleared to 100% EOU as provided under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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