(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) We have heard Ms. Sejal K. Mandavia, learned Counsel appearing for Commissioner - Central Excise and Customs.
ADMIT. We formulate the substantial questions of Law as under :
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, re-conditioned or for any other reason, the assessee shall state the particulars of such receipt in his records and shall be entitled to take CENVAT credit of the duty paid as if such HC-NIC Page 1 of 2 Created On Wed Apr 13 01:32:16 IST 2016 TAXAP/347/2012 2/2 ORDER goods are received as inputs under the CENVAT Credit Rules, 2002 and utilise this credit according to the said rules.
2. If the process to which the goods are subjected before being removed does not amount to manufacture, the manufacturer shall pay an amount equal to the CENVAT credit taken under sub-rule (1) and in any other case the manufacturer shall pay duty on goods received under sub-rule (1) at the rate applicable on the date of removal and on the value determined under sub-section (2) of section 3 or section 4 or section 4A of the Act, as the case may be.
Issue Notice to the respondent. Paper book be filed within three months.
(V. M. SAHAI, J.) (N. V. ANJARIA, J.) Sunil W. Wagh HC-NIC Page 2 of 2 Created On Wed Apr 13 01:32:16 IST 2016