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2015 (10) TMI 1033 - CESTAT NEW DELHI

2015 (10) TMI 1033 - CESTAT NEW DELHI - TMI - Denial of CENVAT Credit - Whether for the month of April 2003, the appellant have taken cenvat credit in respect of the inputs in process, without including the value of the processing chemicals and processing charges - Held that:- Appellant for the calculation of cenvat credit, as per the formula prescribed in notification 35/03-CE NT dated 10.04.2003, have also included the value of the colours, processing chemicals and processing charges while the .....

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ioner and from the order in appeal, it is not clear as to on what basis the Department has concluded that the cenvat credit has been calculated on the value of the grey fabrics including the value of the processing charges and the value of the colours and chemicals. In view of this, the impugned order is set aside - Matter remanded back - Decided in favour of assessee. - Excise Appeal No. E/3114/2005-Ex [DB] - Dated:- 15-4-2015 - Rakesh Kumar, Member (T) And S K Mohanty, Member (J) For the Appel .....

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e rules, a manufacturer of processed fabrics falling under chapter 50, 51, 52, 53, 54, 55, 58, 59 or 60 of the tariff shall be entitled to avail cenvat credit equal to the duty paid on the inputs lying in stock or in process or contained in finished products lying in stock as on 31.03.2003 upon filing a written declaration regarding the description, quantity and value of the stock of inputs (whether lying in stock or in process or contained in the finished products lying in stock) and subject to .....

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of the stock of each of such goods. Under sub Rule 3(a) of Rule 9A, the credit of duty on such inputs lying in stock and in process shall be calculated on the basis of such rates as may be notified by the Central Government in this behalf, having regard to the actual price of such inputs and the applicable rate of duty and the quantity of inputs as declared by the assessee under sub rule (2), Clause (b) of sub rule 3 of Rule 9A contained the provisions for calculation of quantum of cenvat credi .....

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ment total excess value on which the cenvat credit has been taken is ₹ 27,45,141/- and the excess credit taken is ₹ 2,37,080/-. The Department alleges that the excess value which had been included for calculation of the quantum of the cenvat credit is in respect of cost of colours and chemicals and processing charges. 2. Heard both the sides. 3. Ms. Priyanka Goel, Advocate, the Ld. Counsel for the appellant pleaded that the appellant have taken cenvat credit only in respect of the in .....

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i, the Ld. DR, defended the impugned order by reiterating the Commissioner(Appeals) and pleaded that the appellant in the proceedings before the lower authorities and in the grounds of the appeal have not disputed the Department's stand that for calculation of cenvat credit, they had also included the value of the processing charges. 5. We have considered the submissions from both the sides and perused the records. 6. The point of dispute in this case is as to whether for the month of April .....

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