Cenvat credit entitlement on re entry of duty paid goods preserved, with tax treatment varying by whether processing is manufacture. Duty paid excisable goods may be re entered into a factory for re making, re fining, re conditioning or other reasons and the assessee may avail Cenvat credit as if such goods were inputs, provided they were originally cleared on payment of duty. Receipt must be in a factory; third party goods require duty documents or Commissioner's permission. No time limit applies. On subsequent removal, if processing does not amount to manufacture, an amount equal to the Cenvat credit availed must be paid; if it amounts to manufacture, duty is payable on removal at the applicable rate and value.
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Provisions expressly mentioned in the judgment/order text.
Cenvat credit entitlement on re entry of duty paid goods preserved, with tax treatment varying by whether processing is manufacture.
Duty paid excisable goods may be re entered into a factory for re making, re fining, re conditioning or other reasons and the assessee may avail Cenvat credit as if such goods were inputs, provided they were originally cleared on payment of duty. Receipt must be in a factory; third party goods require duty documents or Commissioner's permission. No time limit applies. On subsequent removal, if processing does not amount to manufacture, an amount equal to the Cenvat credit availed must be paid; if it amounts to manufacture, duty is payable on removal at the applicable rate and value.
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