2016 (11) TMI 923

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....ndent Per: Raju 1. The appellants are engaged in manufacturers of transformers. They had originally exported the transformers which were received back for certain repairs. After repairs, he said transformers were re-exported. During the repair, certain goods were used on which excise duty was paid. The appellant had taken credit of those goods. The said credit was however reversed when the t....

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....d for utilising towards payment of duty of excise leviable on the final products. Whereas Rule 57F is a more specific provision regarding manner of utilisation of the inputs and the manner of utilisation of the credit allowed in respect of duty paid thereon. Rule 57F(1)(ii) permits removal of the inputs as such for export under bond. Proviso to Rule 57F(4) deals with manner of utilisation of credi....

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....nner of utilisation of credit in such cases will be governed by the provisions of the proviso to Rule 57F(4). 2.1 In this regard CBEC has clarified in part VI of the manufacture of export goods in bond as follows: 1. Introduction 1.1 The Board has, by Notification No. 43/2001-Central Excise (N.T.) dated 26.6.2001 [hereinafter referred to as the 'said notification'] notified the conditions....

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....efit under said notification. 1.4 Removal without payment of duty of equipment and machinery in the nature of capital goods used in relation to manufacture or process of finished goods shall not be allowed. 2.2 He also relies on the order-in-original of the Commissioner in their own case for the subsequent period where the demands of credit such inputs used for repair of goods to be re-expor....