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2015 (3) TMI 1100 - AT - Central ExciseWaiver of pre deposit - Denial of CENVAT Credit - No goods have been manufactured and cleared during that time by using the inputs in respect of which the cenvat credit has been taken - Held that:- Inputs in respect of which the cenvat credit of ₹ 1,27,95,483/- had been taken, had been received during the period from November, 1997 to March, 1999. As is clear from the chart in para14 of the impugned order, during the period September, 1999 to August, 2000, a total of 1172 MT. of PTA was manufactured out of which 865.90 MTs of PTA was cleared on payment of duty. Subsequent to this, there have been clearances of finished products till 2008 and in April, 2008, there was stock of 34.37 MTS of PTA. From this, it is, prima facie, evident that the inputs in respect of which the cenvat credit had been taken, have been used for manufacture of finished products and just because some of the inputs in form of work in progress and some of the finished products are still lying in stock, the cenvat credit cannot be denied as cenvat credit is admissible in respect of inputs used in or in relation to manufacture of some final products. The cenvat credit would be deniable only when the inputs are cleared as such which is not the departments case against the assessee. The impugned order, therefore, does not appear to be correct and the appellant have prima facie case in their favour. - Stay granted.
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