TMI Blog2015 (10) TMI 2207X X X X Extracts X X X X X X X X Extracts X X X X ..... same is not on the basis of the value or quantity of clearance by the appellant. Therefore, we hold that provisions of Rule 57H(7) ibid are not applicable to the facts of the case. Therefore, Cenvat Credit of ₹ 5,67,97,164/- shall not lapse - Consequently, the demand will also no sustain. - Decided in favour of assessee. - Appeal No. E/1563/2006-EX (DB) - Final Order No. A/52306/2015-EX(DB) - Dated:- 15-7-2015 - Ashok Jindal, Member (J) And B Ravichandran, Member (T) For the Appellant : Shri Ravindra Narain, Adv For the Respondent : Shri M S Negi, DR ORDER Per Ashok Jindal The appellant is in appeal. 2. This is the second round of litigation. In the earlier round of litigation appeal of the appellant wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or demanding duty of ₹ 13,54,094/- and to deny the Cenvat Credit of ₹ 5,27,97,614/-. The matter was adjudicated and demand was confirmed. Aggrieved from the said order, appellant filed the appeal before this Tribunal and this Tribunal relying on the decision of CCE Rajkot Vs. Ashok Iron Steel Fabricators-2002 (140) ELT 277 (Tri-LB) in the case of HMT Vs. CCE Panchkuta-2008 (232) ELT 217 (Tri-LB), in the case of Ranbaxy Laboratories Ltd. Vs. CCE Chandigarh-2012 (279) ELT 194 (HP) allowed the credit and set aside the demand. The said order was challenged by the Revenue before the Hon'ble High Court of Punjab Haryana who set aside the order of this Tribunal and remanded the matter back to this Tribunal for consideration that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder a notification based on the value or quantity of clearances in a financial year, and who has been availing of the credit of the duty paid on inputs before such option is exercised, shall be required to pay an amount equivalent to the credit, if any, allowed to him in respect of inputs lying in stock or used in any finished excisable goods lying in stock on the date when such option is exercised and after deducting the said amount from the balance, if any, lying in his credit, the balance, if any, still remaining shall lapse and shall not be allowed to be utilized for payment of duty on any excisable goods, whether cleared for home consumption or for export. 8. On plain reading of the said Rule if goods are exempted under notificat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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