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2015 (11) TMI 504 - AT - Central ExciseReversal of CENVAT Credit - cenvat credit on raw material, work in progress, and raw material contained in finished goods after crossing the exemption (SSI Exemption) limit which Revenue sought to deny to the appellant - Held that:- Appellant has filed a declaration showing quantity of raw material as 125.026 and 53.253 MT respectively. He also filed a declaration of inputs contained in the finished goods as 1,361 MT and 1,848 MT respectively. The scrap lying in the factory is 1.120 MT and 6.015 MT respectively. The total raw material shown by the appellant on which the cenvat credit is taken is 127.507 MT and 61.116 MT respectively. - On perusal of the verification report filed by the Range Superintendent and same has been got verified from the record of the appellant. On verification, there was difference of 294 Kg in inputs contained in work-in-progress on which the adjudicating authority has denied the Cenvat credit to the appellant, which might be due to the calculation error. The finding of the learned Commissioner (Appeals) is that report of the Range Superintendent is afterthought and is not acceptable as appellant has filed declaration at the time of availing cenvat credit on inputs contained in finished goods, work-in-progress and with the job worker. Therefore, I hold that appellant is entitled to take cenvat credit on inputs contained in the process of finished goods and lying with the job worker as per Rule 3 (2) of CCR, 2004. In these circumstances, I hold that appellant has correctly taken the cenvat credit. Consequently, the appellant is not required to reverse the cenvat credit - Decided in favour of assessee.
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