TMI Blog2015 (2) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... n appellants favour by the Tribunal judgement in the case of Karpagambal Mills Ltd. Vs. CCE, Tirunelveli reported in [2007 (6) TMI 363 - CESTAT, CHENNAI]. In view of this, the impugned order is not sustainable. - Decided in favour of assessee. - Excise Appeal No. E/1887 & 1888/2006-EX/DB - Final Order No. 54980-54981/2014 - Dated:- 18-12-2014 - Mr. Rakesh Kumar And Mr. S. K. Mohanty,JJ. For the Appellant : Shri. B. L. Narasimahn, Advocate For the Respondent : Shri. Pramod Kumar, DR ORDER Per: Rakesh Kumar The appellant are manufacturers of blended spun yarn and their raw-material are polyester staple fibre and viscose staple fibre. In addition to clearances to domestic buyers the appellant also have exports. For p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same amount and confirmed its demand alongwith interest. By this order, the Additional Commissioner also imposed penalty of ₹ 20.00 Lakhs on the appellant Company under Rule 5 of the Cenvat Credit Rules, 2004 and imposed penalty of ₹ 5.00 Lakhs on Shri Vikas Ladia under Rule 26 of the Central Excise Rules. 2. On appeal being filed to Commissioner against this order, the same were dismissed in toto vide order dated 19.04.2006 against which these two appeals have been filed. 3. Heard both sides. 4. Shri B.L. Narasimhan, Advocate, the ld. Counsel for the appellant, pleaded that there are two points of dispute in these cases. The first point in dispute is about duty on PSF VSF procured duty free under Rule 19 (2) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h and not by utilizing the cenvat credit and for the same reason its cenvat credit would not be admissible. 6. We have considered the submissions from both the sides and perused the records. The undisputed facts are that the appellant manufacture blended spun yarn for sale to domestic buyers as far as for export and that during the period of dispute, they had purchased PSF VSF free duty under Rule 19 (2) of the Central Excise Rules, 2002 for use in the manufacture of spun yarn for export. There is no dispute that the entire quantity of the spun yarn manufactured out of the duty free PSF VSF was not exported and certain quantity was cleared to domestic buyers on payment of duty. The quantity of the PSF VSF procured duty free under R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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