https://www.taxtmi.com/caselaws?id=111122 Cenvat credit on imported capital goods could not be denied when the goods were lawfully sent abroad for rectification or repairs and then returned to the factory. The applicable rules permitted removal of capital goods for test, repairs or re-conditioning, subject to intimation, and the original duty-paid import credit remained available on re-entry. The view that duty became payable merely on such removal under Rule 57AC(5)(a) was rejected. The demand based on denial of credit and the consequential penalty findings were therefore unsustainable. en-us Fri, 02 Jan 2004 00:00:00 +0530 Fri, 20 Apr 2012 14:31:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111122 Cenvat credit on imported capital goods could not be denied when the goods were lawfully sent abroad for rectification or repairs and then returned to the factory. The applicable rules permitted removal of capital goods for test, repairs or re-conditioning, subject to intimation, and the original duty-paid import credit remained available on re-entry. The view that duty became payable merely on such removal under Rule 57AC(5)(a) was rejected. The demand based on denial of credit and the consequential penalty findings were therefore unsustainable. Case-Laws Central Excise Fri, 02 Jan 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111122