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2015 (4) TMI 959 - AT - Central ExciseCenvat Credit - Utilization of Cenvat Credit lying unutilized in their Cenvat Credit credit availed when goods were dutiable - later goods were exempted - after sometime (about 8 years) exemption was withdrawn - Held that:- The contention of the Ld. AR is that in the clearance of May 2004 the inputs were not same which was used in clearance of May 2004. Therefore, Cenvat Credit cannot be utilized is not acceptable at all as if anybody has procured input for say in the month of April and availed Cenvat Credit thereon. Thereafter, the said inputs are lying in their factory but inputs which were procured in the month of March have been used for the manufacturing of final product and same product has been cleared in the month of April itself, is the contention of the Ld. AR is accepted then the Cenvat Credit is not available for payment of duty by the assessee. This is not the scheme of the Government for availment of Cenvat Credit. Therefore, the argument is not acceptable. Further, I find that the issue whether the Cenvat Credit lying unutilized as on 22.07.1996 when the Vanaspati Oil was exempted from duty can be utilized for the payment of duty on Vanaspati Oil in the month of May 2004 when the duty was introduced is entitled or not, has examined by the Hon’ble High Court of Calcutta in the case of Rasoi Ltd.[2004 (6) TMI 46 - HIGH COURT AT CALCUTTA] in positive manner. Also the facts of case of Agarwal Industries Pvt. Ltd. [2005 (8) TMI 662 - CESTAT BANGALORE] are identical to this case. Therefore, relying on the various decisions cited by the Ld. Counsel particularly in the case of Agarwal Industries Pvt. Ltd. [2005 (8) TMI 662 - CESTAT BANGALORE], I hold that appellant has correctly utilized Cenvat Credit lying unutilized as on 22.07.1996 for the clearance of May 2004. - Decided in favour of appellant.
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