2020 (3) TMI 373

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....een rejected against the Order-in-Original No. 356/DC/R/CHD/14, dated 26-8-2014 passed by the Deputy Commissioner, Central Excise Division, Chandigarh. 2. The brief facts of the case are that the respondent filed rebate claim amounting to Rs. 4,87,944/- (Rupees Four Lakh Eighty Seven Thousand Nine Hundred and Forty Four) on 21-4-2014 in respect of Cenvat credit reversed on depreciated value of imported capital goods (machinery parts) at the time of their export. The applicant had paid CVD at the time of import and Cenvat credit was taken of the full CVD amount. 3. Personal hearing was fixed on 5-9-2019. Sh. Sudeep Singh appeared on behalf of the applicant. He relied upon Para 3.4 of Chapter V of Cenvat Credit Rules, 2002 (20....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s Ltd. [2011 (270) E.L.T. 360 (Bom.)] which is regarding purchase of various inputs/capital goods from domestic suppliers and manufacturers and subsequent export of the same on payment of duty by reversing the credit of duty availed on those inputs/capital goods under Rule 3(4) of the Cenvat Credit Rules, 2002. The facts of the case are entirely different from the present case since no imported capital goods are involved in the above case. (ii)    In another case relied upon by the applicant viz. Union of India v. Sterlite Industries (I) Ltd. [2017 (354) E.L.T. 87 (Bom.)] the assessee had imported "used aluminium casting machines" as capital goods. The credit of CVD paid on these capital goods was taken by the assess....