2013 (11) TMI 1111

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....) ORDER Per Mathew John; 1. The applicants are manufacturers of spindle tape and accessories, belt and accessories, belt adhesive application, flat belt joining press, nylon tubing and loom components. It was seen that during the period 1.2.2008 to 3.10.2009 and 11.11.2009 to 30.9.2010, the applicant had imported V belts and locally procured pulleys and took Cenvat credit on such items th....

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.... petition. 2. Learned Advocate for the applicant submits that they had brought these goods into their factory because they had testing facilities for V Belts and Pulleys and they were doing such testing on these products. After testing, these goods were sent to a job worker of the company who manufactured the goods and disposed of manufactured product as per Central Excise Rules. His contention....

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....description of inputs as defined at Rule 2 (k) of CENVAT Credit Rules, 2004. It is not proper to take Cenvat credit on any traded items which is coming into the factory and debiting corresponding amount when goods are removed from the factory. He submits that since credit was taken and utilized during the time when the goods were lying within factory of the applicant, it is case of unauthorized ut....