TMI Blog2015 (3) TMI 1100X X X X Extracts X X X X X X X X Extracts X X X X ..... and in April, 2008, there was stock of 34.37 MTS of PTA. From this, it is, prima facie, evident that the inputs in respect of which the cenvat credit had been taken, have been used for manufacture of finished products and just because some of the inputs in form of work in progress and some of the finished products are still lying in stock, the cenvat credit cannot be denied as cenvat credit is admissible in respect of inputs used in or in relation to manufacture of some final products. The cenvat credit would be deniable only when the inputs are cleared as such which is not the departments case against the assessee. The impugned order, therefore, does not appear to be correct and the appellant have prima facie case in their favour. - Stay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being filed by the appellant, the Commissioner (Appeals) vide order-in-original dated 11.11.2004 set aside the orders passed by the Dy. Commissioner. Against the order-in-appeal dated 11.11.2004 passed by the Commissioner (Appeals) and order-in-original dated 31.03. 2004 passed by the Commissioner, the Revenue filed the two appeals, which were disposed of by the Tribunal vide Final Order No.86-87/2010 dated 7.12.2010 by which the matter was remanded to the Commissioner with certain directions for de novo adjudication. The Tribunal in that order has observed that neither the Commissioner in order-in-original dated 31.3.2004 nor the Commissioner (Appeals) in the order-in-appeal dated 11.11.2004 has given a finding on the respondents contenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber, 1999 to August, 2009, a total of 1172 MT of PTA, out of 865.90 MTs of PTA had been cleared on payment of duty, that there has been clearances of PTA during the subsequent period also and up to August, 2008 and at present, the stock of finished goods is only about 34 MT, that in view of this, there is no justification for denial of cenvat credit in respect of the inputs as the entire quantity of inputs received had been taken up for manufacture and just because, the certain quantity of inputs in semi-finished stage are lying in the silos and certain quantity of finished goods is lying in stock, the cenvat credit cannot be denied, that the impugned order is, therefore, not sustainable, that the appellant have prima facie case in their fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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