Areva T & D India Ltd vs Commissioner Of Central Excise (Ltu) on 27 September, 2017
The question that came up was whether the appellant was required to pay an amount equal to the credit availed on such inputs as per Rule 3(5) of the CCR 2004 as argued by the lower appellate authority and which has been relied upon by the Ld. A.R, The Tribunal held that as the inputs have been re-exported, the benefit of drawback for reexport is available under Section 74 and relying on the ratio of decision of Zydex Industries case also, cited by the ld. Advocate, demand of availment of cenvat credit was held as incorrect. We do note that these Tribunal decisions are Single Bench decisions. Nonetheless, they are directly on the issue. It is also confirmed by the ld. Advocate that no appeals have been against these decisions.