TMI Blog2007 (10) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... red - It has rightly been held that the credit of duty paid on inputs can’t be confined to a particular raw-material to which the credit is related & out of which a final product is manufactured – so assessee weren’t required to reverse the credit - CEA No 23 of 21007 - - - Dated:- 30-10-2007 - M.M. kumar and Ajay Kumar Mittal, JJ. 1 [Judgment per: M.M.KUMAR,J]. This order shall dispose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent and they observed that w.e.f. 1.4.2001 they had opted for Small Scale exemption under notification No.08/2001-CE dated 1.4.2001 which provided for clearance of goods at Nil rate of duty by availing the SSI exemption in terms of the notification. The appellant-revenue took the view that in terms of Rule 57 AG (2) of the Central Excise Rules, 1944 the assessee-respondent were required to CE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 31/- and he also reduced the penalty from Rs.1,51,638/- to Rs.5000/-. The view of the Commissioner (Appeals) is discernible in the last two paras of the order dated 16.6.2004 (P-2). He has held that the order in original dated 12.3.2004 passed by the Commissioner (Appeals) was not sustainable in law confirming the demand for Cenvat credit in respect of inputs lying in stock, inputs contained in fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was upheld and the appeal of the appellant-revenue was dismissed. CEA No.23 of 2007 (3) The Tribunal has further placed reliance on a judgment of the Hon'ble Supreme Court in the case of Albert David Ltd. Vs. Commissioner , 2003 (157) ELT A81 (SC). 5 We have heard the learned counsel for the appellant-revenue at a considerable length and find that no question of law warranting admission ..... X X X X Extracts X X X X X X X X Extracts X X X X
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