2019 (1) TMI 1378

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....tion accessories, cables, cable assembly, antenna, cable scrap, copper scrap, core scrap, aluminium scrap, brass scrap, lumps scrap etc. During the relevant period, the appellant cleared excisable goods to their depot on payment of appropriate Central Excise duty @ 14.42% as applicable. Later, the said goods were brought back to their factory and CENVAT Credit on the amount of duty paid, at the time of clearance, was availed by them. The said finished excisable goods were thereafter again cleared by the appellant on payment of duty @ 10.30% during the period from 9.12.2008 to 12.3.2009 instead of reversing the actual credit availed at the time of its receipt from the depot. Consequently, a demand notice was issued to them for recovery of th....

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....d. 5. Heard both sides and perused the records. 6. The short issue involved in the present appeal for the determination is whether on clearance of the 'returned goods' received under Rule 16(1) of the Central Excise Rules, 2002, it is required to reverse the amount of credit availed on the quantum of duty initially paid or the rate of duty prevalent on the date of clearance of the returned goods. For easy understanding, the relevant Rule 16 is reproduced below: - RULE 16. Credit of duty on goods brought to the factory. - (1) Where any goods on which duty had been paid at the time of removal thereof are brought to any factory for being re-made, refined, reconditioned or for any other reason, the assessee shall state the particula....