Custom, Excise & Service Tax Tribunal
Finolex Cables Ltd vs Cce Pune I on 7 December, 2010
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL, WEST ZONAL BENCH AT MUMBAI
COURT NO. II
APPEAL NO. E/994/09 Mum
(Arising out of Order-in-Appeal No. PI/VSK/156/2009 dated 23.6.2009 passed by the Commissioner of Central Excise (Appeals), Pune I)
For approval and signature:
Honble Shri Ashok Jindal, Member (Judicial)
1. Whether Press Reporters may be allowed to see : No
the Order for publication as per Rule 27 of the
CESTAT (Procedure) Rules, 1982?
2. Whether it should be released under Rule 27 of the :
CESTAT (Procedure) Rules, 1982 for publication
in any authoritative report or not?
3. Whether Their Lordships wish to see the fair copy : Yes
of the Order?
4. Whether Order is to be circulated to the Departmental : Yes
authorities?
Finolex Cables Ltd.
:
Appellant
Versus
CCE Pune I
Respondent
Appearance None for Appellant Shri N.A. Sayyad, JDR for Respondents CORAM:
Shri. Ashok Jindal, Member (Judicial) Date of Hearing : 07.12.10 Date of Decision : 07.12.10 ORDER NO.
The short issue involved in this case is whether the Cenvated inputs as such are allowed to be exported from the factory under Bond/LUT or they must be necessarily exported only after reversal of pro-rata credit under Rule 3(5) of CENVAT Credit Rules, 2004.
2. In the appellants own case, for the earlier period, this Tribunal vide Order No. A/413/10/10/SMB/C-IV dated 04.08.10 has held that the appellant is not required to reverse the pro rata credit under Rule 3(5) of CENVAT Credit Rules, 2004. Relying on the said decision, in this case also, I find that the appellant is not required to reverse pro rata credit as demanded by the lower authorities. Accordingly, the impugned order is set aside and the appeal is allowed. (Dictated in Court) (Ashok Jindal) Member (Judicial) nsk 2