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2019 (10) TMI 1031 - CESTAT AHMEDABADCenvat Credit - 100% EOU - inputs which was stored outside the factory premises, however the same was accounted for in their books of accounts. - Commissioner (Appeals) rejected the appeal on the ground that the appellant being a 100% EOU was not entitled to cenvat credit prior to issuance of Board Circular No. 799/32/2004-CX dated 23.09.2004 HELD THAT:- The Commissioner has not denied the cenvat credit on the ground of suppression. Moreover, the appellant has claimed that they have recorded the goods, which was lying outside the factory premises, in their books of accounts, therefore, it cannot be said that there is suppression. - the Board is not the authority to make law whether the credit is admissible or not. The Board has only clarified the existing law regarding entitlement of the cenvat credit, therefore, the Board clarification is a retrospective and not the prospective. Since the lower authorities have not verified the records that whether the goods had been recorded in the books of accounts and other excise records by the appellant, the matter needs to be remitted back only for verification purpose. Appeal allowed by way of remand.
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