TMI Blog2015 (7) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... cum-duty price and 25% reduced penalty are also related to the outcome of the issues on admissibility of credit on raw materials and exemption under Notification No 7/97-CE dt 1.3.1997. So far as admissibility of cenvat credit on the raw materials used in the manufacture of finished goods, during the relevant period is concerned, the same is required to be examined with respect to the duty paying documents and private/statuary records maintained by the appellant to the effect that such inputs are received in the factory premises and used This can only be done by the Adjudicating Authority for which the appellant has to produce cenvatable documents alongwith the records maintained by them. So far as eligibility under Notification no 7/9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t used in the manufacture of finished goods, benefit of cum-duty price and non-extending the end option of 25% reduced penalty have not been addressed by the Tribunal. 2. Shri PP Jadeja, Consultant, appearing on behalf of the appellant brought to the attention of the Bench last few lines of Para 2 of order dt 31.10.2014 to emphasise that eligibility of Cenvat Credit on raw materials and eligibility of exemption under Notification No 7/97-CE dt 1.3.1997 was specifically argued. That the other two issues of granting cum-duty benefit and option of 25% reduced penalty under Section 11AC of the Central Excise Act are other related legal issues required to be addressed in these proceedings. It was his case that the ROM filed by the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssibility of cenvat credit on the raw materials used in the manufacture of finished goods, during the relevant period is concerned, the same is required to be examined with respect to the duty paying documents and private/statuary records maintained by the appellant to the effect that such inputs are received in the factory premises and used This can only be done by the Adjudicating Authority for which the appellant has to produce cenvatable documents alongwith the records maintained by them. So far as eligibility under Notification no 7/97-CE dt 1.3.199 is concerned, it is observed that this issue has also not been raised by the appellant before the lower authorities and has to be examined by the Adjudicating Authority based on the satisfa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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