2015 (10) TMI 2189

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....: Shri Prasad Paranjape, Adv ORDER Per P K Jain The brief facts of the case are that the appellant's imported certain capital goods under EPCG scheme and cleared the same on payment of CVD. Appellant took credit of the said amount of CVD. Later on they found that the goods produced with the said capital goods are not to the satisfaction of the company and they took up the matter with ....

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....are required to reverse the credit as such. He further took us through various grounds mentioned in the grounds of appeal. Ld. counsel for the appellant submitted that circular dated 29.08.2000 very clearly covers the situation. It was also submitted that this Tribunal has been consistently holding that export of capital goods without payment of duty without reversing the Cenvat credit is in order....

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....r capital goods are exported. Doubt has been expressed whether such export clearances have to be made only on payment of duty. In this context it is clarified that under the excise procedures, a manufacturer can export the goods under bond without payment of duty. This is a facility that is available to the manufacturer under the excise procedure. In such case, the appropriate duty of excise that ....

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....arly says that the manufacturer assessee is entitled to clear the inputs or capital goods for export (on which credit has been taken) under bond without payment of duty. The decision of the Tribunal in the case of Videocon International Ltd. (supra) also confirms this view. 5.2 We also note that in the case of Essel Propack Ltd. decided vide Order No. A/1023/13/EB/C-II dated 20.11.2013, a....