2016 (8) TMI 201

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....puts against CT-3 certificate issued to one M/s. Ercon Composites, a 100% EOU. 2. The dispute in the present appeal relates to as to whether while clearing the said inputs against CT-3 certificates the appellant is liable to reverse the cenvat credit availed on the same. The lower authorities, by resorting to the provisions of Rule 3(4) of the erstwhile Cenvat Credit Rules, 2002, which require an assessee to pay an amount equal to the credit availed in respect of inputs which are removed from the factory as such, confirmed the demand of Rs. 15,440/-. 3. Hence the present appeal. 4. The appellants have pleaded categorically that at the time of clearance of the said inputs from their factory against CT-3 certificate the duty stands d....

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....s under: "In so far as the inputs are concerned, it is not in dispute that the assessee while purchasing the said goods for its DTA nit has paid duty. It is only when those inputs as such were removed to the EHTP unit, the Cenvat Credit availed was reversed. It is because, if the assessee had purchased those inputs for its EHTP unit by virture of aforesaid Notification, there was no duty payable, as the said inputs were removed with the previous permission of the department as reflected in CT-3. There was no liability to pay the duty and already Cenvat Credit has been taken, it was reversed under protest and therefore, they were entitled to the refund of the said amount. That question is also answered in favour of the assessee and ....