TMI Blog2019 (11) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... tor as well as in the denominator. Therefore, the present appeals are also remanded to the Adjudicating authority to calculate the refund claim by adopting the uniform value in the numerator as well as the denominator of the formula prescribed under Rule 5 of CENVAT Credit Rules, 2004. Admissibility of CENVAT Credit - segments and castings HELD THAT:- Undisputedly, it is classified under Chapter sub-heading 84399100 of Central Excise Tariff Act, 1985 as capital goods . Merely because the said capital goods gets exhausted after it is used in grinding the materials of approximately 150 MTs, it cannot be classified as an input used for manufacture of finished goods viz. Bagassae Board falling under Chapter 44 of Central Excise Tariff Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claims relating to the segments and castings were rejected on the ground that the same were capital goods, hence not covered under Rule 5 of CENVAT Credit Rules, 2004. Aggrieved by the said order, they filed appeals before the learned Commissioner (Appeals), who in turn, rejected their appeals. Hence the present appeals. 3. The learned Chartered Accountant for the Appellant has submitted that the methodology adopted in calculating the refund amount under Rule 5 of CENVAT Credit Rules, 2004 was erroneous, inasmuch as while calculating the export turnover, different values have been adopted by the Adjudicating authority in the numerator and denominator of the said formula. He has argued that there should be uniformity in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sified by the supplier under Chapter 84 as capital goods , the same should be considered as an input and cash refund of the accumulated CENVAT Credit against the said segments and castings be allowed to them. Alternatively, in the event the said segments and castings are considered as capital goods, the Appellant be allowed to take re-credit of the CENVAT Jolly Board-E 89493 12 other appeals of 2013 - 180919 amount claimed as cash refund, as there is no dispute about its admissibility to credit as capital goods. 6. The learned A.R. for the Revenue reiterates the findings of the learned Commissioner (Appeals). He has submitted that he has no objection in remanding the matter to the Adjudicating authority to reconsider th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e numerator and the denominator. Pursuant to the said remand order, the Adjudicating authority has adopted the FOB value in the numerator as well as in the denominator. Therefore, the present appeals are also remanded to the Adjudicating authority to calculate the refund claim by adopting the uniform value in the numerator as well as the denominator of the formula prescribed under Rule 5 of CENVAT Credit Rules, 2004. As far as the issue relating to the admissibility of CENVAT Credit on segments and castings is concerned, undisputedly, it is classified under Chapter sub-heading 84399100 of Central Excise Tariff Act, 1985 as capital goods . Merely because the said capital goods gets exhausted after it is used in grinding the materials of app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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