2015 (10) TMI 1812

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..... There is no application for adjournment. 2. After hearing the learned Authorised Representative and on perusal of the records, I find that the Respondents are engaged in the trading of Grey Man Made Fabric (MMF) classifiable under Chapter 54 of Central Excise Tariff Act, 1985. The issue involved in this case is whether the CENVAT Credit is to be allowed for the declared stock of Grey Man Made Fab .....

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..... Court in the case of CCE Ahmedabad-I Vs Rajkamal Textile Traders - 2010 (258) ELT 189 (Guj.), and dismissed the appeal filed by the Revenue. It has been held as under:- "2. Question raised whether the Tribunal is justified in holding that the grey fabrics i.e. unprocessed stock of fabrics held by a dealer is 'input' in terms of Notification No. 35/2003-C.E. (N.T.) dated 10-4-2003. The Tribunal ha .....

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..... t undergo a change. Notification No. 35/03 has already envisaged credit not merely for stock with the traders but also in respect of stock lying with the processors. 3. That being the factual and legal situation, we see no reason to take a different view than that of the Tribunal. We, therefore, see no merits in the appeals and the same deserve to be dismissed." 5. In view of the above discussio .....

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