TMI Blog2014 (12) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be sustained - No merit in Revenue's appeal - Decided against Revenue. - E/00265 to 00267/2004 - Final Order Nos. 40413-40415 / 2014 - Dated:- 2-5-2014 - P K Das, J. For the Appellant : Mr M Rammohan Rao, DC (AR) For the Respondent : Mr T Chandran Nair, Adv. JUDGEMENT Revenue filed these appeals against a common order passed by the Commissioner (Appeals) and, therefore, all are taken up together for disposal. 2. Heard both sides and perused the records. 3.0 The relevant facts in this case in brief, are that the respondents are engaged in the manufacture of Plastic moulded Articles classifiable under Chapter 94 of the Schedule to the Central Excise Tariff Act, 1985. There was a fire accident at their factory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion authority ordered recovery of the credit of ₹ 10,69,110/- and imposed penalty of ₹ 2,40,000/-. 3.4 Revenue filed appeal against Order (O), dated 05.11.1999 and, the assessee- Respondent herein filed appeal against the other two adjudication orders before the Commissioner (Appeals). By Order-in-Appeal No.213 to 215/2002-Try(ADK), dated 29.11.2002. Commissioner (Appeals) disposed of all the appeal, and the matter went upto the Tribunal. 3.4 The Tribunal by Final Order No.C-I/1337 to 1342/03-WZB, dated 18.06.2003, allowed by way of remand. It was observed the Tribunal as under:- We find that the appellant have submitted a Chartered Accountant certificate before the Adjudicating authority. We also find th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .792 (LB) and following the CBEC Circular dated 06.09.1998 held remission of duty on final products are permissible, even if credit of Modvat availed on the imputs contained in such final products. 5. The learned Authorised Representative on behalf of the Revenue reiterates the grounds of appeal. He submits that the Commissioner (Appeals) has not recorded any finding in respect of the letter of Insurance company about the non-inclusion of duty element. The learned Authorised Representative also submits that the Commissioner (Appeals) had failed to appreciate that the credit of duty involved in semi-finished and capital goods are required to be reversed as they are not raw materials as per Board Circular dated 07.08.2002. I find that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Materials Ltd. reported in 2011 (271) E.L.T.62 (Kar.) held as under:- 6. Therefore, it is clear that there is no provision in the rules which provides for a reversal of the credit by the Excise Authorities except where it has been irregularly taken in which event it stands cancelled or if utilised has to be paid for. This is not the case of the revenue. In the instant case, when the assessee purchased the capital goods and when he has paid the excise duty on them, in law, he is entitled to get the credit on the duty paid while clearing the finished products from his factory. Accordingly, he utilised the cenvat credit and cleared the finished products. It is about three years after such payment, the capital goods were de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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