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2019 (4) TMI 1065 - AT - Central ExciseCENVAT Credit - benefit of N/N. 30/2004-CE dated 09.07.2004 availed - case of the Department is that since they have cleared the consignment availing full exemption under Notification No. 30/2004-CE, they are not entitled to avail Cenvat credit in respect of stock lying on 31.03.2006 - HELD THAT:- The appellant adopted the mechanism as clarified by the CBEC between 01/04/2006 till 01/02/2007. It is submitted that following the procedure laid down by the Circular dated 1/2/2007 of their own account, debited Cenvat Credit amount the ₹ 103,45,517/- along with interest of ₹ 95,802/- (total amount of ₹ 1,04,41319) for the closing stock as on 31/01/2007 and the said entry was made on 31/3/2007 as the appellant has started the proportionate availment of Credit at the end of the month in view of the aforesaid board Circular. The learned Adjudicating Authority denied the aforesaid credit and confirmed the demand, without appreciating the fact that the method of taking proportionate credit at the end of the month was true. The appellant has provided the detailed worksheet regarding the availment of the credit certified by the Chartered Accountant which was not accepted by the Adjudicating Authority. In this case, we are of the view that Chartered Accountant certificate cannot be disagreed without any valid reasons. The acceptance of CA Certificate has been upheld by this Tribunal and the higher courts in a large number of decisions, and therefore, the Commissioner again to ignored the same is prior to the provisions of law. The Adjudicating Authority is bound to follow the departmental Circular which is not there in case at hand. Appeal allowed - decided in favor of appellant.
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