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2022 (5) TMI 576 - HC - Central ExciseCENVAT Credit - admissibility of credit on inputs received on stock transfer - applicability of Rule 57AE of the Central Excise Rules, 1944 and Rules 7(3) and 7(4) of the Cenvat Credit Rules, 2001/2002 as were in force at the material point of time - “purchase” of inputs and maintaining a record inventory of the inputs so purchased are mandatory conditions to be fulfilled for availing Cenvat Credit on inputs received by a manufacture prior to February 28, 2003 - discharge of burden of proof fulfilling the criterion of keeping a records on inventory of th inputs purchased by them while availing Cenvat Credit or not? - HELD THAT:- Tribunal had followed the decision in the case of EXIDE INDUSTRIES LTD. VERSUS COMMISSIONER OF C. EX., HALDIA [2008 (1) TMI 190 - CESTAT, KOLKATA] and allowed the appeal filed by the assessee. The decision in Exide Industries appears to have attained finality and the Tribunal had been consistently following the said decision in other cases as well. In one such case, COMMISSIONER OF CENTRAL EXCISE, KOLKATA-VI VERSUS M/S. COATES OF INDIA LTD. [2018 (7) TMI 251 - CESTAT KOLKATA], the learned Tribunal had followed the decision in Exide Industries. The decision in Coates of India Limited was appealed against by the revenue before this Court and Hon’ble Division Bench by judgment COMMISSIONER OF CENTRAL EXCISE, KOLKATA-VI VERSUS M/S. COATES OF INDIA LIMITED [2019 (7) TMI 1926 - CALCUTTA HIGH COURT] dismissed the appeal noting that the Tribunal in the said case had followed the decision of the Hon’ble Supreme Court in COMMISSIONER OF CENTRAL EXCISE, NAGPUR VERSUS M/S BALLARPUR INDUSTRIES LTD [2007 (8) TMI 10 - SUPREME COURT] - There are no distinguishing circumstances in the case on hand and more importantly, the revenue has not raised any ground to state as to why the decision in Exide Industries or the decision in Ballapur Industries Ltd. cannot be made applicable to the assessee’s case. There are no ground to interfere with the order passed by the Tribunal - appeal dismissed - decided against Revenue.
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