Roots Industries Ltd. Vs. Commissioner of Central Excise, Coimbatore - Court Judgment |
| Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai |
| Apr-19-2010 |
| Appeal No.E/229 of 2009 |
| THE HONOURABLE MS. JYOTI BALASUNDARAM, VICE PRESIDENT |
| Roots Industries Ltd. |
| Commissioner of Central Excise, Coimbatore |
| Shri K.Subash Chandran, Advocate. Shri C.Rangaraju, SDR. |
the issue in dispute in the present appeal is as to whether cenvated inputs could be removed for export under bond or whether they could be removed as such only on reversal of an amount equal to credit availed on receipt thereof, i.e. on payment in terms of rule 3 (5) of the cenvat credit rules, 2004. 2. on hearing both sides, i find that the issue stands settled in favour of the assessees by the tribunal’s decision in videocon international ltd. vs cce vadodara [2009 (235) elt 135] holding that capital goods could be cleared as such for export under bond, in the light of cbec letter no.345/2/2000-tru dt. 29.8.2000. following the ratio of the above decision, i set aside the impugned order by which rs.28,196/- was confirmed as duty, and penalty of rs.10000 imposed, and allow the appeal.
The issue in dispute in the present appeal is as to whether cenvated inputs could be removed for export under bond or whether they could be removed as such only on reversal of an amount equal to credit availed on receipt thereof, i.e. on payment in terms of Rule 3 (5) of the CENVAT Credit Rules, 2004.
2. On hearing both sides, I find that the issue stands settled in favour of the assessees by the Tribunal’s decision in Videocon International Ltd. Vs CCE Vadodara
[2009 (235) ELT 135] holding that capital goods could be cleared as such for export under bond, in the light of CBEC letter No.345/2/2000-TRU dt. 29.8.2000. Following the ratio of the above decision, I set aside the impugned order by which Rs.28,196/- was confirmed as duty, and penalty of Rs.10000 imposed, and allow the appeal.