TMI Blog2018 (4) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... ustice to refer the matter to the Larger Bench, therefore, the matter is referred to the Larger Bench of this Tribunal to decided the issue:- In terms of Rule 16(2) of the Central Excise Rules, 2002, Whether the assessee is required to reverse cenvat credit on the returned goods which are not further processed and cleared as scrap or not? Matter referred to Larger Bench. - E/60915/2017 - I/25/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, the revenue issued show cause notice in terms of Rule 16(2) of the Central Excise Rules, 2002, as the goods could not be re-processed for removing defects, the assessee is required to reverse the cenvat credit taken under Rule 16(1) of the Central Excise Rules, 2002. In these set of facts, the proceedings were initiated against the appellant for the period 2008-2009 to 2012-2011 by issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel opposed by the Ld. AR, who submits that the decision of this Tribunal in the case of VFC Industries Pvt. Ltd. reported in 2017 (347) ELT 189 (Tri. Ahmd.) hold that the appellant is required to reverse the cenvat credit and the same view was taken by this Tribunal in the case of Menon Piston Rings Pvt. Ltd. reported in 2007 (211) ELT 394 (Tri.-Mum.). 5. Heard the parties. 6. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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