2017 (12) TMI 1201

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....two different issues were being adjudicated. However, Commissioner (Appeals) has disposed of both the appeals treating it to be a common issue. 3. The issue decided by the Commissioner (Appeals) in the impugned order relates to Rule 3(5B) of the Cenvat Credit Rules 2004. The appellants were using certain bushes for the manufacture of finished goods. The said bushes would lose value during the use and were required to refurbish from time to time. With the use of the bushes a provision was made in the books of accounts for the value lost on account of the said use. Demand show-cause notice was raised invoking Rule 3 (5B) of the Cenvat Credit Rules 2004. The said Rule upto 01.03.2011 read as under:- "(5B) If the value of any, (i....

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....to the CENVAT credit paid earlier subject to the other provisions of these rules." Ld. Counsel argued that the said rule does not apply to current situation. 4. Ld. AR relies on the impugned order. 5. I have gone through the rival submissions. 6. I find that Appeal no.E/86187/17 relates to invocation of Rule 3 (5B) of the Cenvat Credit Rules 2004. The impugned order deals with this issue. I find that the Commissioner (Appeals) in a subsequent order F.no.V2(A)/74/BEL/17 dated 31.05.2017 has allowed the benefit under similar circumstances relying on the decision of the Hon'ble High Court in the case of Ingersoll Rand India Ltd. - 2014 (300) ELT 347 (Guj.) In the said decision the following has been held:- "Cenvat credit - I....