2007 (11) TMI 643

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.... EOU under CT-3 without payment of duty. It is undisputed that the appellant had cleared the inputs/capital goods against CT-2/CT-3 without payment of duty for onward export. It is also un disputed that that respondent is a manufacturer. The adjudicating authority dropped the proceedings initiated by the show cause notice relying upon the various Board's Circular and provisions of Notification No. 43/2001 CE(NT) dt. 26.1.2001. Against such dropping of the proceedings revenue filed an appeal to the Ld. Commissioner (Appeals). The Ld. Commissioner (Appeals) in its Order-in-Appeal held as under: "I have carefully gone through the case records and the various submissions made by the appellants. This is a departmental appeal against....

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....Ministry's Circular No. 345/2/2000-TRU dated 29.8.2000 has also clarified that inputs and capital goods cab be removed for export under Bond without payment duty; that this is further confirmed in Chapter 5 para 3.4. of the CBEC's Excise Manual of Supplementary Instructions, 2001. The issue for consideration in the instant case is when inputs on which cenvat credit has been taken are removed as such against CT-2/CT-3 without payment of duty for onward export, whether the manufacturer, availing Cenvat credit of Countervailing duty paid on imported input is required to pay an amount equal to the credit of duty availed on such inputs in terms of Rule 3(4) of the Cenvat Credit Rules,2002. In this regard, it is observed that the....

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....e exempted goods are cleared for export under bond in terms of the provisions of the Central Excise Rules, 2002. In this regard, it is also observed that there is no dispute regarding the duty paid character of inputs, regarding the fact the goods sere actually exported under Central Excise Rules 2002. As per the above said Notification, Export Oriented Units are entitled to receive the inputs without payment of duty. The supply of input was also made by the respondent sin terms of CT-2/CT-3. In such situation, otherwise they could have charged and recovered the central Excise duty from the 100% EOU, who purchased the goods since Central Excise duty on the input is already paid by them to the supplier. The export incentive availed by the re....