TMI Blog2017 (3) TMI 776X X X X Extracts X X X X X X X X Extracts X X X X ..... their Cenvat credit account prior to 03.02.2007, the day when the assessee opted for benefit of the N/N. 50/2003 dated 10.06.2003 - credit allowed - appeal allowed. Reversal of Refund claim granted - The Commissioner (Appeals) has granted the refund pertaining to the reversal of the Cenvat Credit as per Rule 6(4) of the CCR, 2002 - Held that: - the assessee-Appellants are entitled for the reversal of the Cenvat Credit, we find no merit in the appeals filed by the Department. Hence, both the appeals filed by the Department are dismissed. Appeal disposed off - appeal of assessee allowed - appeal of Department dismissed. - Excise Appeal No. 1497-1498 & 2297-2298 of 2007 - A/52322-52325/2017-EX[DB] - Dated:- 8-3-2017 - Dr. Satish Chan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Notification No. 49/2003 dated10.06.2003 vide which the goods were exempted from whole of the duty of excise or additional duty of excise which were manufactured in the new units located in the Uttarakhand for the period of 10 years. The same wad denied. Being aggrieved, the assessee-Appellants/ Department have filed the present appeals. 5. We have heard Shri B.L. Narsimhan and Shri Hemant Bajaj, learned counsels for the assessee-Appellants and H.C. Saini, learned DR for the Department. 6. After hearing both sides and on perusal of record, it appears that an identical issue has come up before this Tribunal in the case of The General Manager, Century Pulp Paper vs CCE, Meerut-II, Final Order No. 50862-50864/2017 dated 15.02 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovision in the Rules which provides for a reversal of the credit by the excise authorities except where it has been illegally or irregularly taken, in which event it stands cancelled or, if utilized, has to be paid for. We are here really concerned with credit that has been validly taken, and its benefit is available to the manufacturer without any limitation in time or otherwise unless the manufacturer itself chooses not to use the raw material in its excisable product. The credit is, therefore, indefeasible. It should also be noted that there is no co-relation of the raw material and the final product; that is to say, it is not as if credit can be taken only on a final product that is manufactured out of the particular raw material to whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d (Tractor Division) , wherein it has been held that once the input credit is legally taken and utilized on the dutiable final product, it need not be reversed on the final product being exempted subsequently. However, if products are purchased subsequent to the said exemption and if any tax is paid on such inputs, as the final product is exempted from payment of tax, the assessee would not be entitled to avail the Cenvat credit on such inputs. But the Cenvat credit availed on such inputs till the date of exemption, vest in the assessee and the assessee cannot be divested of that credit as the law does not provide for the same. The Court further held that Revenue cannot take advantage of the notification exempting the final product and clai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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