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2017 (7) TMI 324 - CESTAT NEW DELHIWrite-off of inputs and finished goods - whether the appellant is required to pay Central Excise duty/reverse the Cenvat Credit, so availed on the goods (inputs and finished products) written off in the books? - Held that: - The period involved in this case is from 2002-2003 to 2003 2004. The provisions for writing off the value of inputs / capital goods were inserted under Rule 3(5B) in the CCR, 2004 by N/N. 26 /2007 CE (NT) dated 11.5.2007. Since the period covered in this case is prior to insertion of sub rule (5B) in Rule 3 of Credit Rules, 2004, the embargo created therein is not applicable retrospectively for denying the cenvat credit to the appellant. With regard to packing material, inputs and finished goods, the learned advocate submits that embargo under Rule 3(5B) ibid will not have any application inasmuch as those goods are very much available and were not removed from the factory. However, this particular aspect was not dealt with by the lower authorities - Therefore the matter should go back to the original adjudicating authority for verification. Appeal allowed in part and part matter on remand.
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