TMI Blog2009 (7) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... f facts of the case are that the appellants were engaged in manufacture of Cement starting from clinker as input. The Central Excise duty paid on clinker was availed as credit from time to time on receipt of input (clinker). The appellants stopped their manufacturing operations in September 2002 and surrendered the C. Ex. registration. At that time, they had accumulated stock of unusable clinker t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ust be paid back when inputs are fully written off. The appellants while paying the amount, did not contest the legal validity of the same. Subsequently, the appellants were issued notice for recovery of interest under sub-rule 3 of Rule 8 of C. Ex. Rules, 2002 read with Rule 12 of Cenvat Credit Rules, 2002 read with Section 11AB of CEA, 1944. The interest amount of Rs. 3,73,493/- has been worked ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) (b) Bharat Heavy Electricals Ltd. v. CCE, Bangalore - 2002 (50) R.L.T. 208 (CEGAT-Bang.) (c) CCE, Nagpur v. Ultra Tech Cement Ltd. - 2008 (223) E.L.T. 303 (Tri. - Mumbai) (d) CCE v. Indian Petrochemicals Corpn. Ltd. - 2008 (226) E.L.T. 339 (Bom.) 4. The ratio of the above decision is that the input credit is not required to be reversed where the inputs are written off in balan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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