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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether CENVAT credit taken on sealant tape cleared as such to a SEZ developer or for export under bond without reversal was recoverable under Rule 3(5) of the CENVAT Credit Rules, 2004.
Analysis: The disputed goods were inputs within the scope of Rule 2(k) of the CENVAT Credit Rules, 2004, but they were removed as such and not used in manufacture. The Tribunal held that clearances to a SEZ developer are to be treated as export, and that removal of inputs or capital goods as such for export under bond is permissible. The issue was treated as covered by the earlier Tribunal view relied upon, and no contrary Revenue decision was shown.
Conclusion: The demand for reversal of CENVAT credit under Rule 3(5) was not sustainable, and the appeal was allowed in favour of the assessee.
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