TMI Blog2005 (11) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... hri Ganesh Havanur, SDR, for the Respondent. [Order per : T.K. Jayaraman, Member (T)]. The appellant has filed this stay application in respect of the Order-in-Original No. 10/2005-Commr., dated 28-2-2005, passed by the Commissioner of Central Excise, Belgaum. In the impugned order, the Commissioner has denied Cenvat credit to the tune of Rs. 2,47,53,225/- availed by the appellants on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken in a composite unit manufacturing Sugar, Molasses and Ethyl Alcohol dutiable, exempted and non-excisable. In the Board s Circular, full reasoning is given for such a decision. The Commissioner has also invoked Rule 7 of the Cenvat Credit Rules and has stated that the appellants cannot avail the Cenvat credit on their own invoices. 2. We have gone through the records of the case carefully. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a fact that the appellants have actually paid duty on the Molasses. They have availed the Cenvat credit, though there was no need as per Board s Circular dated 4-2-2002. With regard to the credit availed in respect of exempted products i.e. Rectified Spirit, they have reversed the same as per rules. As such we do not notice any revenue loss. Hence we are inclined to allow full waiver of pre-de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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