2015 (3) TMI 1098

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....ee and the department filed appeals against the Order of the Commissioner (Appeals) dated 19. 12. 2006. 2. The issue relates to the demand of reversal of Cenvat Credit on the used capital goods cleared without payment of duty by the appellant to the their own unit located at SEZ. The adjudicating authority confirmed the reversal of Cenvat credit of Rs. 2,84,700/- and imposed equal penalty and als....

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..... He relied on the Circular F. No. 68/2003-Cus dated 30. 07. 2003 and drew attention to para-13 & 14 of the said circular. However, he relied to the supplementary instructions to the manual para 3-4 of Chapter 5 which clearly clarifies that supply of inputs and capital goods on which credit was already availed can be removed to SEZ without reversal of credit. However, he submits that there was no ....

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....-MAD 3. On the other hand, the LD. AR reiterated the findings in the impugned order and submits thatSEZ and EOU are to be considered in equal terms and the inputs purchased by the appellant was subsequently transferred to SEZ and hence equal amount of credit to be reversed as per Rule 3(5) of CCR. Ld. AR relied on the following case laws in support of his contention:- 1. CCE, Chennai-II Vs. Sun....

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....l's decision applies to the facts of the present case. Further, I find that as rightly contended by the appellant there is no specific recovery mechanism of credit on the inputs and capital goods cleared during the relevant period. The specific provision was introduced only w. e. f. 01. 02. 2013. This issue was specifically dealt by the Tribunal at Mumbai in the case of IspatMetallics Industri....