2014 (12) TMI 276

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....led cenvat credit of Rs. 8,34,784/- on the strength of 8 invoices, issued by M/S.Valvo India Pvt. Ltd. consigned to M/s.Nav Bharat Corporation during the period October 1998 to February 1999. The appellants received the said material in their factory during the month of January 2002 to August 2002 and availed cenvat credit and recorded in RG.23A Part I and Part II on different dates on the basis of 8 invoices issued by M/s.Valvo India Pvt. Ltd. as stated above. A show cause notice dt. 16.1.2007 was issued proposing to deny the erroneous cenvat credit of Rs. 8,34,784/- taken by the appellants on the invoices issued by M/s.Valvo India Pvt. Ltd. along with interest and penalty. The adjudicating authority confirmed the demand of duty along with....

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..... 3. On the other hand, Ld. Authorized Representative submits that the appellant availed credit on the basis of invoices issued by M/s.Volvo India Pvt. Ltd. consigned to M/s.Nav Bharat Corporation which is not in their name. She further submits that Rule 16 of the said Rules permitted to take cenvat credit on "inputs" under the CCR. It is submitted that invoices on the basis of which credit has been taken by appellant, are not prescribed under Rule 7 of CCR 2002. 4. After hearing both sides and on perusal of records, I find that the main contention of the learned advocate is that appellant received duty paid goods in their factory for being remade, reconditioned under Rule 16 of the CCR 2002. The relevant portion of Rule 16 of the said Ru....

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....sp;    (I) inputs or capital goods from his factory or from his depot or from the premises of the consignment agent of the said manufacturer or from any other premises from where the goods are sold by or on behalf of the said manufacturer.           (II) inputs or capital goods as such ;           (ii) an importer;           (iii) an importer from his depot or from the premises of the consignment agent of the said importer if the said depot or the premises, as the case may be, is registered in terms of the provisions of Central Excise Rules, 2002;        ....