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2015 (10) TMI 864 - CESTAT NEW DELHI

2015 (10) TMI 864 - CESTAT NEW DELHI - TMI - Denial of CENVAT Credit - credit of Additional Duties of Excise (textile and textile articles) - Held that:- Initially the respondent was manufacturing cotton yarn and man-made yarn. By Notification No. 30/2004-CE, their final product became exempt, therefore, under wrong impression reverse cenvat credit on inputs or finished goods which was not required to be reversed.Therefore, they utilise cenvat credit of additional duty of excise (textile and tex .....

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. - Excise Appeal No. 2093 of 2006 - Final Order No. 52134/ 2015 - Dated:- 7-7-2015 - Mr. Ashok Jindal, Member (Judicial) and Mr. B. Ravichandran, Member (Technical), JJ. For the Petitioner : Shri Ranjan Khanna, DR For the Respondent : Shri Rahul Tangri, Advocate ORDER Per: Ashok Jindal: The Revenue is in appeal against the impugned order on the ground that as per Rule 3(7)(b) of the Cenvat Credit Rules, 2004 the respondent were not entitled to utilise the cenvat credit of Additional Duties of E .....

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, they utilise cenvat credit of additional duty of excise (textile and textile articles) for reversal of cenvat credit for packing material. In fact, during that period, respondent was not required to reverse the credit, therefore, question of utilisation of additional duty of excise (textile and textile articles) does not arise.Therefore, the Commissioner (Appeals) has rightly observed as under: I observe that the issue before me is to decide as to whether credit availed and utilised during the .....

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