TMI Blog2018 (5) TMI 654X X X X Extracts X X X X X X X X Extracts X X X X ..... ustries (I) Limited [2004 (12) TMI 108 - CESTAT, MUMBAI], where it was held that Modvat credit of duty paid on the inputs used in the manufacture of final product cleared without payment of duty for further utilisation in the manufacture of final product, which are cleared on payment of duty by the principal manufacturer, would not be hit by provision of Rule 57C - demand not sustainable. CENVA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oth sides and perused the records. 3. On perusal of records, it transpires that the issue involved in this case is regarding demand of reversal of cenvat credit on the inputs which were procured by the appellant as a job worker and consumed for manufacturing of items under job work basis and clearance of the same to principal manufacturer, whether cenvat credit can be availed of the service tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al. We find that the law on this point is now well settled by the Larger Bench decision of the Tribunal in the case of Sterlite Industries (I) Limited [2005(183) E.L.T. 353 (Tri.-LB), wherein the Bench held as under: .....The job worker takes the credit of the same in his factory, utilises other inputs procured directly by him after taking the Modvat credit on the same and clear the processed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmed by adjudicating authority with interest and penalty imposed on this ground is unsustainable and liable to be set aside which we do so. 5. As regards the CENVAT credit availed of service tax paid on health insurance for the employees for the period 2005-06 to 2006-07, we find that for the period in question, the law is settled by the judgment of Hon ble High Court of Karnataka in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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