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2015 (10) TMI 1652 - AT - Central ExciseDenial of CENVAT Credit - benefit of exemption notification No 29/2004-CE dtd 29.7.2004 - Held that:- there was unutilised credit balance of ₹ 1,29,70,128/-, which should be maintained separately. It was found that subsequently in some cases the assessee utilized cenvat credit of ₹ 99,929/- out of the said amount for payment of duty on finished goods. The allegation is mainly based on that the appellant would not maintained record separately. The appellant took a stand that they have maintained record separately for the exempted duty and finished products. - Commissioner (Appeals) observed that neither the show cause notice nor the adjudicating authority has clearly mentioned the facts regarding the maintenance of separate records by the appellants. The appellant in the grounds of appeal stated before the Commissioner (Appeals) they have maintained records separately against the exempted as well as dutiable finished goods. This fact was not seriously disputed by the Commissioner (Appeals). - Impugned order is set aside - Decided in favour of assessee.
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