TMI Blog2012 (7) TMI 813X X X X Extracts X X X X X X X X Extracts X X X X ..... as obsolete/unserviceable. The said Rule 3(5B) during the relevant period, when the Show Cause Notice was issued, sought the reversal of Cenvat credit only if such inputs which are declared as obsolete/unserviceable are fully written off. It is an admitted fact that this is not factual position in this case, inasmuch as the appellant has not fully written off the value of such inputs which were ob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalties imposed by the adjudicating authority on the ground that the appellants had written off the inputs which were purchased in 1997-1998 over a period of time as an unserviceable inputs. The said writing off has taken place in the year from 2004-2005 to 2008-2009 and hence they have to reverse the Cenvat credit availed. 3. Heard both sides and perused the records. 4. Revenue authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nserviceable. 6. Ld. D.R. would draw my attention to the findings of the adjudicating authority and submit that it is the appellant who has himself declared the goods as obsolete and unserviceable. If they are obsolete and unserviceable and the item being chemical in nature with an expiry date, they could not have been used subsequently and the lower authorities are correct in demanding reversal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re of the considered view that on this point itself, the appellant has made out a prima facie case for the waiver of pre-deposit of the amounts involved. All the legal arguments raised by ld. DR as regards utilization of such inputs can be considered at the time of final disposal of appeal. 8. In view of the foregoing, the application for waiver of pre-deposit of the amounts involved is allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
