2014 (3) TMI 243

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er (AR) JUDGEMENT Per: D M Mishra: This is an application seeking waiver of pre-deposit of Cenvat credit of Rs. 68.45 lakhs and equal amount of penalty imposed under Rule 15(2) of the Central Excise Rules, 2004 read with Section 11AC(1)(a) of the Central Excise Act. 2. At the outset, the learned Advocate, Mr. V.B. Gaikwad, for the applicant, submits that during the relevant period Octo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....le 16 of the Central Excise Rules, 2002 is very specific. Therefore, the applicant is not entitled to cenvat credit. 4. Heard both sides and perused the records, it is not in dispute that the applicant had, after initial export of the goods, received back the rejected goods and paid CVD at the time of its re-import and availed CENVAT Credit of the CVD paid on the rejected goods, under Rule 16 o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ma facie, we are of the view that any goods on which duty has been paid at the time of removal when brought back to the factory for processes mentioned therein, would be eligible to cenvat credit. In these circumstances, we are of the opinion that the applicant is not able to make out a prima facie case for total waiver of the dues adjudged. Keeping in view the interest of revenue as well as the p....